Boundary Disputes are often more complicated than they can appear at first glance, it is not uncommon for boundaries to become distorted over periods of time or for the original boundary to be something other than a straight line.
Land Registry Entries
Most people rely on the entries with the land registry as the definitive answer to there boundary, however a quick look at these documents soon reveals that the width of the drawn lines can represent a width of one to several meters, these plans were often drawn without accurate specification and can not be relied upon to determine a boundary.
How are Disputes Resolved
Boundary disputes can usually be resolved by common communication and agreement, and or mediation. If an agreement can be sought without the use of the courts this is the most favourable outcome. Once an agreement is reached a legal document can be drawn up and signed to reflect the agreed positions for ongoing clarity.
Sometimes common communication is not enough, in these cases it may be possible to resolve the issue by employing an expert in the field, these people will look at all the evidence, including the title deeds, historical photographs and witness testimony before committing their findings for consideration. If the expert is chosen by both the concerned parties, then it may be possible to come to an agreed position. Unfortunately it is also possible for both parties to employ their own independent experts and for those experts to disagree with each other.
When this happens it may be required that the dispute is sent to court for a judgement. Mark Matthews Solicitors are providers of advise and process in these matters and can guide you through the steps of getting a court based judgement.
However it must be understood that boundary disputes have been known to take a long time to resolve, and can become a costly process, court decisions should only be sought as a measure of last resort. Imagine bringing a dispute case to court because you are passionate about your position only for the judge find in favour of other party, now you are left with a boundary in favour of the other party and some hefty fees to pay as well.
As with all things in life, if we can reach a compromise with the other party it may be possible to find a solution that is acceptable to both, without costing the earth.