Island Life Magazine Ltd August/September 2012 | Page 167

Legal Issues with Roach Pittis Solicitors By Chris Prew Boundary and neighbour disputes Neighbours can sometimes get into a dispute about the position and ownership of a particular boundary, be it a fence, wall, barrier or some other kind. Often the boundary dispute arises when one party wishes to use part of the land for something particular and the adjoining neighbour opposes that on the grounds of encroaching onto their land. Arguments also arise when damage has been done to a particular fence or wall which then needs repair and a decision over who is going to foot the bill. The most common way of establishing the position of the boundary is to check the Deed of the properties and usually there will be a clear demarcation of where the boundaries are. This is not a fool-proof method as previous owners may have agreed to alter the boundaries and have not yet informed the Land Registry. A further difficulty can arise where one party has been using the disputed area of land continuously for the past 12 years. It can be complex to understand and is worth seeking direct legal advice in relation to the individual circumstances of each Adverse Possession. There are boundary areas that will not be on the Deeds. Most of the time it is simply presumption that determines who owns what and whose responsibility it is to maintain certain boundaries. A rough guideline would be that a fence where the posts are supported on one side will be the responsibility of the person whose side contains the posts. Disputes over boundaries and your rights can be extremely costly should you decide to take the matter to Court. The best way to resolve any boundary issue is to try to reach a resolution with your neighbour that you can agree on. If matters have become so heated it is difficult to communicate with your neighbour, it may be worth trying to find a mutual friend who will mediate or, alternatively, employ a trained mediator to help you try and communicate over the real issues and the resolution to those issues. I have been involved in many, many neighbour/boundary disputes over the years that I have been in practice on the Isle of Wight. Getting to the root of a boundary dispute is time-consuming and therefore costly. There is a great deal of law that relates to determining true positions of boundaries and responsibilities of boundary owners. If you cannot resolve your dispute by talking or by mediation, it is important to obtain good, early advice in relation to the legal issues and the costs implications. It is not unheard of for people to lose their homes in boundary disputes because of the legal costs that are incurred. This usually occurs where people are poorly advised or choose not to take legal advice. Roach Pittis Solicitors 62-66 Lugley Street, Newport PO30 5EU 01983 524431 www.roachpittis.co.uk www.visitislandlife.com 167