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
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