Legal Clarity: Property Disputes Explained – A Hatch Brenner Podcast

What are the most common property disputes?

The most common disputes are related to boundaries or encroachment through hanging over eaves or guttering, and usually there has been some sort of adverse possession, i.e. a boundary has been changed and somebody believes that a small amount of their land has been taken. There are also disputes where there has been a new construction, and often these involve obstructions of a right of way or overhanging trees and foliage.

How do you prove ownership in a dispute?

Usually when a boundary dispute arises, most homeowners begin by looking at the title plans that they have. However, this is not always the best place to start and, in most cases, the title plan does not establish the precise position of boundaries or rights of way, but rather the existence and general position of these boundaries or rights of way. Therefore, further investigation is needed. Determining the position of a boundary often means going back to any original conveyance plans or documents, or those of the neighbouring properties, to find a description or measurements of the respective boundaries. In some cases, this will simply be a description of the physical features on the ground at that time, but if that is not fruitful, sometimes the only thing you can rely on is the opinion of an expert.

How can disputes be resolved without going to court?

Sadly, if an agreement cannot be reached, it can take several years before the court is in a position to make a final judgment on the position of a boundary, and legal costs can often be disproportionate to the value of the land in dispute. Therefore, the best thing to do at the beginning is to take legal advice, either from a solicitor or from a chartered surveyor, as to the actual positions of boundaries and rights of way. This can avoid a dispute altogether and, if not, negotiations or mediation are always helpful ways of resolving the matter, even through correspondence. The main thing with disputes, if you want to avoid going to court, is to take advice at a very early stage or to try to resolve the matter informally wherever you can.

When should you involve a solicitor?

As I have already mentioned, you should see a solicitor at the earliest stage you can. Quite often people will misunderstand the identification of boundaries or rights of way and may misinterpret the Land Registry documents, so it is a good idea to take advice early to avoid any problems or to resolve the matter informally. Taking legal advice at an early stage can save both cost and time when determining the position of a boundary and the merits of bringing or defending a claim. It is always sensible to take advice before you enter into any discussions or correspondence with neighbours. There are also some myths about identifying the position of a boundary, so it is important to have correct information at an early stage. Taking advice from a chartered surveyor is also recommended, and this should be done at the earliest opportunity. Parties can also try to reach agreement through mediation, and your solicitors can advise on suitable ways of dealing with the matter early and before parties become embroiled in a dispute.