Boundary Disputes

Boundary Disputes arise when two different parties, usually property owners, have a disagreement on the location/position of the ‘true’ boundary line.

As property ownership changes hands over the years or when sites are redeveloped, the boundaries can often be moved, diverted or adjusted.

If you are already or are becoming involved in a boundary dispute, we can provide you with appropriate advice and support throughout the process.

There is a great deal of misinformation regarding how the position of a boundary is determined. Some boundary lines marked on small-scale maps are shown for identification only. While the legal boundary line will always be indicated on the Land Registry Title Plan, this may not physically correlate with the features on the ground. Expert advice is usually required to determine precisely where the legal boundary truly lies.

Our specialists can confirm the actual boundary position by undertaking topographical surveys, reviewing and assessing all available historical and current plans, deeds and other physical and historical evidence in order to produce a Civil Procedure Rule (CPR) 35 compliant report.

It is always helped that both parties can agree to the findings of this report. But when no agreement can be reached, the case will likely end up going to tribunal or court, where a judge will rule on the location of the boundary resulting in the extent of each party’s land being clearly defined.

Our qualified experts possess a range of technical expertise and procedural experience that often leads to a more prompt and economic solution or agreement compared with the outcome of Court proceedings where the results can never be certain. Our thorough understanding of legislation and our expertise in boundary disputes makes Trident well placed to support where boundary disputes occur.

Richard Crow

Associate Director richard.crow@tridentbc.com

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