Disputes between neighbours over the position of boundaries are not uncommon. Unfortunately, the law in this area is complex, and the position of the boundary is usually finally determined by instructing an expert surveyor to consider the title documents, title plans, old photographs, witness evidence from predecessors in title, and the property itself.
However, this often does not provide a definitive answer, as the owner of the neighbouring land may find an expert that disagrees with your expert.
Further complications can arise if the boundary has been moved over the years, physical features (such as hedges, fences and walls) have been put in place or changed, or if there is an agreement in place varying the boundary.
The Land Registry plans, and ordnance survey maps, although providing good guidance, often only mark the “general position”. The width of the lines drawn on these plans can often equate to meters on the ground, and often, therefore these plans are of limited assistance.
There may be issues of adverse possession.
This area of the law is very complex, therefore if you are in a dispute with your neighbour over the position of a boundary, you talk to our boundary dispute solicitors.