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Property Dispute Resolution allows property owners to resolve property disagreements, hopefully without the need to resort to expensive litigation. We provide a Dispute Resolution service in relation to a number of property situations, most notably Boundary Disputes, Rights of Way, Easements and Contractors workmanship. Please contact us to discuss your requirements.

Boundary Disputes:

A Boundary dispute is, in simple terms, an ownership disagreement between two or more neighbouring property owners. The land registry records the details of the majority of land and property in the UK and provides a title plan which shows the approximate boundary position on an Ordanance Survey Map. This information is not detailed enough in many boundary disputes and the services of a Surveyor are often required.

The red line drawn around a property on the Land Registry plan only shows the general boundary. It does not identify whether the boundary runs along the centre of a hedge or along one side of it. These maps are often unreliable because they do not mark exact property boundaries. A line surrounding the property may not be the property boundary.

Boundary positions change over time for many reasons: a diverted water course, or a wooden fence that moves slightly every time it is replaced. The reason for such changes is rarely recorded and often leads to disputes.

Resolving a Boundary Dispute:

To resolve a Boundary Dispute, we look at the available Land Registry documents as well as aerial photography records, old maps, deeds and photographs. We also obtain information from a visit to the site in question.

Upon the conclusion of our inspection and research we provide a detailed map showing the correct position of the boundaries and this will enable you to have informed discussions with your neighbour to resolve your differences. We can host those discussions for you should you wish.

If your boundary dispute has to be determined by a Court then we can provide an Expert Witness report, compliant with the Civil Procedure Rules which can assist in the litigation process.

Alternatively, even if you are not in dispute with a neighbour and just require confirmation of the boundary position, then we would be delighted to assist you.

We do however ask that you approach this process with an open mind and a desire to resolve matters. In the words of LJ Mummery in the case of Wilkinson v Farmer “Everybody agrees that, if at all possible, disagreements between neighbours about rights of way, boundaries or whatever should be settled without ever going near a Court. In my view, professional advisers have a duty to warn their clients at an early stage about the downside of neighbour litigation.” We sound this warning before we are even appointed by including it here on our website!

Private Rights of Way / Easements:

Private Rights of Way and Easements relate to an individuals right to use or benefit from the land of another person as well as that owners obligation to allow the use of their land. A common example would be a right of way over neighbouring gardens to the rear of a row of terraced properties.

A private right of way is a legal right established by usage or by grant and they are a common area where neighbouring owners can end up in dispute.

Following a site visit and research of all available data, we provide a report which details the existence of any rights of way and easements and which will seek to assist in resolving a dispute between the parties.

In the event that the dispute needs to be resolved via the Courts, we can provide a report, compliant with the Civil Procedure Rules, to assist in the litigation process.

Again we require all potential Clients to approach these matters with a view of resolving matters without the need to revert to Court. In the case of Bradford & Anor v Keith James and Ors Lord Justice Mummery further commented “There are too many calamitous neighbour disputes in the courts. Greater use should be made of the services of local mediators. An attempt at mediation should be made right at the beginning of the dispute and certainly well before things turn nasty and become expensive. Costs become an additional aggravating issue. Almost by its own momentum, the case that cried out for compromise moves onwards and upwards to a conclusion that is disastrous for one of the parties, possibly for both”

Contractors Workmanship:

Contractors workmanship is sometimes subject to dispute and we can provide an objective, informed and inpartial opinion in terms of the methods of construction and materials used as well as the quality of the work undertaken.

Whether the issue relates to small construction works, a conversion project or a newly constructed dwelling, we can assist.

We undertake an initial site survey and consider the works against any brief given together with legislative requirements and current codes of practice. Our aim is to bring a satisfactory resolution without the need to resort to expensive and potentially protracted litigation.

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