Shropshire Farming Talk: Boundary disputes – how to resolve them
Boundary Disputes tend to arise because of a neighbour replacing the boundary fence or conducting work on the boundary line.
The main question that arises in these circumstances are, where exactly is the boundary?
If you are faced with a potential boundary dispute, these are the first things that you should do:
1.Check your deeds.
Your deeds may give you an indication of the location of the boundary. Please note however that the plans only tend to provide an indication of the location of the boundary and as such, they cannot be relied upon in determining the exact location of the boundary.
2. Discuss matters with your neighbour.
The best course of action in any potential boundary dispute is to discuss matters amicably with your neighbour to see if an agreement can be reached between you. It is important to remember that you will remain neighbours following the dispute and as such, an amicable resolution is always best to try and maintain that relationship. It is important however that any agreement reached between you and your neighbour is documented in writing and it is always best that this agreement is prepared by a Legal Representative.
3. Take photographs of the boundary.
It is important that you take regular photographs of the boundary which is in dispute in order to document exactly what action has been taken by your neighbour.
4. Instruct a surveyor.
If you cannot reach an agreement with your neighbour as to the location of the boundary fence, then it will be necessary for a surveyor to be instructed to plot the precise location of the boundary on a map. If your neighbour isn’t prepared to accept the position of the boundary as detailed in the Surveyor’s plan, then it is likely that legal action will need to be taken to resolve the dispute.
5. Instruct legal representation.
It is important that you seek legal advice in relation to your position as soon as possible if you are faced with a potential boundary dispute. Boundary disputes tend to escalate quickly, and it is important that matters are addressed in a timely manner in the hope that a resolution can be achieved as soon as possible.
If you are experiencing a boundary dispute or are unsure as to who is responsible for the maintenance and repair of a particular fence, please do not hesitate to contact me on 01558 651931 or email advisor@agriadvisor.co.uk for an informal discussion.
Elin Owen, Agri Advisor
