This summer has been a particularly warm one, and as a result, many of us have spent more time than usual outside enjoying our gardens, patios, and green spaces. It’s no coincidence that longer periods spent outside coincide with an increase in the number of boundary disputes.
At O’Donnell Solicitors, our Dispute Resolution team sees a notable rise in enquiries relating to adverse possession and boundary disputes at this time of year. Here we take a closer look at these types of disputes.
What Are Boundary Disputes?
A boundary dispute arises when two neighbouring property owners disagree over the position, ownership, or maintenance of a boundary such as a fence, wall, hedge, or strip of land. These disputes can become particularly contentious when one party believes a neighbour has encroached on their property or erected a structure on their land without permission.
What Is Adverse Possession?
Adverse possession is a legal principle where someone can acquire ownership of land by possessing it without the legal owner’s permission for a certain period of time. In England and Wales, the required period is typically 10 years for registered land and 12 years for unregistered land, provided certain conditions are met.
This can become relevant when someone has, for instance, incorporated a strip of land into their garden and used it exclusively for several years, perhaps even unknowingly.
Common Scenarios
Some common scenarios we see include:
- A new fence being erected in a different position than the original or a fence being taken down or moved
- Disputes over shared driveways or access paths
- Discoveries that you / a neighbour has been using land for an extended period that is not in your / a neighbour’s title
How We Can Help
Boundary and adverse possession disputes are not just about lines on a map; they can affect your enjoyment of your home, your property value, and your relationship with your neighbours. These cases can be complex and emotionally charged, but early legal advice often helps to resolve matters quickly and amicably.
At O’Donnell Solicitors, our Dispute Resolution team can assist clients by initially reviewing title plans and deeds and advising. Should further steps be necessary, we can engage surveyors to prepare plans and negotiate and / or correspond with neighbours on your behalf. Our team can also represent you in HM Land Registry or court proceedings if needed.
We aim to resolve disputes pragmatically and cost-effectively, helping you protect your property and maintain neighbourly goodwill where possible.
Speak to Our Team
If you’re facing a boundary issue or concerned about adverse possession, don’t wait for the situation to escalate. Our experienced team is here to guide you through your options and help you find a resolution.
Contact O’Donnell Solicitors’ Dispute Resolution & Litigation team today to discuss your situation in confidence.
