Boundary disputes

Boundary disputes

Boundary disputes are one of the most common causes of disagreements between neighbours. Can a conveyancer adequately protect their client? Unfortunately, not always. The seller may not have disclosed an ongoing dispute. The conveyancer does not walk and measure the boundaries. Land Registry does not guarantee its plans. Boundaries change over time.

The above and the case studies mentioned below show a weakness in the present system of risk management for consumers and lenders in the conveyancing process regarding property boundaries:

Village stream dispute

http://www.thenorthernecho.co.uk/news/local/barnardcastle/8237400.Senior_judges_will_hear_village_stream_dispute/

The ownership of a village stream running between two properties in Co. Durham has spiralled into a huge legal dispute between neighbours and has now reached the Civil Appeal Court in London racking up massive legal expenses for both parties. Mrs Hodgson says "I've been here 17 years and when we first arrived there was a fence which was about four feet on the side of the far bank so we had no reason to question that the land was ours. This whole process has made life very hard but it's not my doing". The dispute surrounding whether the boundary is the original course of the stream, based on a vague plan in a 1993 conveyance, an old post and wire fence or a wall constructed in 2007 is yet to be decided.

Mother and son lose five-year boundary dispute

http://www.tladirect.co.uk/Legal-Alliance-mother-and-son-lose-fiveyear-boundary-dispute-10632.aspx

A pensioner and her son's dispute with their next-door neighbour over just 35cm of driveway ended in a case that lasted five years costing them up to £80,000. Despite being neighbours for more than 20 years, the dispute arose when their neighbour planned to erect a fence on their shared driveway. They argued that these plans would mean they couldn't open their car doors in the driveway. When they asked for a 35cm extension to the boundary, their neighbour declined and the Court of Appeal ruled in his favour, forcing the Huntleys to pay 70% of their neighbour's legal fees.

£500,000 legal bill over boundary row

http://news.bbc.co.uk/1/hi/england/hereford/worcs/6170096.stm

A man faces an estimated £500,000 legal bill after losing a boundary dispute with a neighbour. Lord Justice Carnwath, who ruled against Mr Lane said that professional advisers should be under a duty to ensure that their clients are "aware of the potentially catastrophic consequences" of taking such disputes to court. Mr Ali's solicitor said after the hearing: "It is not as if the land is terribly valuable, but Mr Ali is a man of principle and he didn't like this land being taken from him."

1 metre boundary dispute

http://news.bbc.co.uk/1/hi/england/2528263.stm

A fence at the centre of a long-running boundary dispute in south Shropshire has finally been taken down. Over a period of six years, there have been more than 30 court hearings and Ms Richards, 27, spent six weeks in prison for defying a judge's order to remove the fence. Mr Benson is still paying off the £50,000 legal bill he ran up to enforce the removal of the fence, which encroached one metre onto his land.

Extension encroachment

http://news.bbc.co.uk/1/hi/wales/north_west/3978939.stm

A Welsh film-maker is seeking High Court damages claiming his neighbour has led a campaign of harassment. Neighbours fell out in 2002 when Mr Wynn-Jones built an extension, which Mrs Bickley said extended over her boundary, and should be pulled down. Mr Wynn-Jones told the judge that the extension should stay because the building went ahead after a "mutual mistake" by both parties over the boundary. He made a film of Mrs Bickley carrying lighting bonfires and using a chainsaw to "annoy as much as possible", and hurling stones at his house.

First Title claim example

First Title helped to resolve a homeowner's boundary dispute with an adjoining owner. The rear boundary of Mr and Mrs Adkins' new property was clearly marked by a fence and the seller stated that the boundary fence had been in its current position for many years. Sure enough, shortly after completion the neighbour's surveyor wrote a letter contesting the position of the rear boundary fence and also confirming that steps had been taken at the Land Registry to prevent the disputed area being registered in the Adkins name. Within a few weeks, First Title had instructed lawyers and surveyors to resolve the dispute on their behalf. The position of the rear boundary fence has now been confirmed to the satisfaction of all concerned and the Adkins' registration has been completed without any problems, so any future sale of the property would not be prejudiced. Mr and Mrs Adkins avoided the stress and expense, which normally arise in these situations and were pleased that they chose to insure their purchase through First Title.

"First Title provided a quick and efficient service to overcome a problem which could have ultimately ended up in Court. They were proactive in getting an agreement first and foremost, but at the same time were prepared to fund Court proceedings if necessary. We feel First Title provided a first-class insurance service."