Shropshire Farming Talk: Navigating Boundary Disputes - A brief overview

They arise frequently where agricultural land is concerned and often involve disagreements over the precise location of property lines, the ownership of fences, walls, or hedges, and the use of shared spaces. 

This article aims to provide a brief overview of boundary disputes, their causes, and the steps you can take to resolve them.         

Understanding Boundary Disputes

Boundary disputes occur when two or more parties disagree on the location of the boundary line that separates their properties. These disputes can arise from various situations, including:

Unclear Property Lines: Often, property lines are not clearly defined, leading to confusion and disagreements.

Encroachments: This happens when a property owner builds a structure that extends beyond their property line into a neighbour’s property.

Maintenance Issues: Disputes can arise over who is responsible for maintaining fences, walls, or hedges that sit on the boundary line.

Access Rights: Conflicts may occur over the use of shared driveways, pathways, or other access points.

Common Causes of Boundary Disputes

Several factors can contribute to boundary disputes, including:

Historical Inaccuracies: Old property records and maps may be inaccurate, leading to confusion about the true boundary lines.

Miscommunication: Lack of clear communication between neighbours can escalate minor misunderstandings into major disputes.

Changes in Property Use: When property use changes, such as building an extension or installing a new fence, it can lead to disagreements about the boundary.

Natural Changes: Natural events like erosion or the growth of trees and hedges can alter the perceived boundary lines.

Legal Implications

Boundary disputes can have significant legal implications. If not resolved amicably, they may lead to court proceedings which can be extremely costly and time-consuming. Legal outcomes can include:

Determination of Boundaries: Courts can determine the exact boundary lines based on evidence such as property deeds, historical records, and expert surveys.

Injunctions: Courts may issue injunctions to prevent further encroachments or to order the removal of structures that violate property lines.

Damages: Damages may be awarded to compensate for any loss or inconvenience caused by the boundary dispute.

Steps to Resolve Boundary Disputes

Resolving boundary disputes usually involve several steps:

Review Property Documents: Start by reviewing your property deeds, maps, and any other relevant  documents. 

These can provide valuable information about the boundary lines although it should be said that a title plan is not definitive in terms of confirming the precise location of the boundary and should therefore not be relied upon.    

Communicate with Your Neighbour: Open and respectful communication with your neighbour can often resolve disputes before they escalate. Discuss your concerns and try to reach a mutual agreement if possible.

Instruct a Surveyor: If the boundary lines are unclear, consider instructing a professional surveyor to conduct a detailed survey of the property. This can provide an accurate and impartial assessment of the boundary.

Mediation: If direct communication does not resolve the issue, consider mediation. A neutral third party can help facilitate a resolution that is acceptable to both parties.

Legal Action: As a last resort, you may need to take legal action. Obtaining advice from a specialist firm of solicitors is key in terms of understanding your options and the potential outcomes.

Preventing Boundary Disputes

Preventing boundary disputes is often easier than resolving them. 

A few tips to help avoid conflicts:

Clear Communication: Maintain open and clear communication with your neighbours about property boundaries and any planned changes.

Regular Maintenance: Regularly maintain fences, walls, and hedges to prevent disputes over their condition and ownership.

Document Changes: Keep detailed records of any changes to your property, including surveys, construction work, and agreements with neighbours.

Respect Boundaries: Be mindful of your property lines and avoid making changes that could encroach on  your neighbour’s property.

Boundary disputes can be challenging, but with clear communication, proper documentation, and professional assistance, they can often be resolved amicably. Understanding the causes and legal implications of these disputes, and taking proactive steps to prevent them, can help maintain good relationships with your neighbours and protect your property rights.

At Agri Advisor we are experts in agricultural and rural law and many of our lawyers come from a farming background.  If you are involved in a boundary dispute and would like to speak to a member of our dispute resolution team, then please contact us on 01938 536 405 or email advisor@agriadvisor.co.uk

Article by Sophie Walker, Associate Chartered Legal Executive Lawyer at Agri Advisor