Read more articles in: Blog, Carl Jones, News

How do I resolve boundary disputes as a commercial property owner?

If you run a business and own your premises, whether that be an office building or warehouse, we know that you want to keep your land and property under your control – which can be difficult when you share boundaries with your neighbours.

The causes of commercial boundary disputes are various, with the most common including:

Unclear boundaries and ambiguous deeds
Changes over time due to landscaping
Assumptions based on landscape features or fences/walls
Outdated surveys

They typically take the form of one party arguing that it should have access to, or be recognised as the owner of, part of a piece of land, thought to be owned by another party.

When these disputes arise, they can be more complex than residential boundary disputes, as commercial property is generally more likely to comprise part of a larger building, industrial estate or office park.

Identifying your concern

When you face boundary disputes, your first concern is likely to be your property itself and whether it could be impacted by another party encroaching on it, either causing physical damage or a reduction in its value.

If the issue of boundary disputes is not addressed promptly, you could also face:

Trespass – If a boundary dispute results in one party using another’s property without permission, it may be considered trespassing
Adverse possession – In some cases, if a property owner occupies land they do not own without the owner’s objection for a significant period, they may be able to claim legal ownership under adverse possession laws
Nuisance – Disputes can sometimes escalate into actions that legally qualify as a nuisance, especially if the use of one property interferes with the use or enjoyment of a neighbouring property.

It’s important to address the issue promptly to avoid these challenges from arising or worsening.

Resolving the dispute

Resolving boundary disputes for commercial property involves getting to the bottom of the boundary itself and demonstrating which party is objectively correct, if possible.

This is typically done by examining deeds and leases to establish, for example, whether both parties have been led to believe that part of the property is theirs. Additionally, a new survey done by a qualified professional can help to establish the correct boundaries.

Beyond that, or if a conclusion cannot be reached, it is down to both parties to reach an agreement, either through mediation or arbitration, or via the Courts if alternative dispute resolution (ADR) fails.

The ultimate goal is to identify the accurate boundaries of a property and help the owner or tenant to enforce this, while maintaining relationships with neighbouring businesses or property owners.

For advice on commercial property boundary disputes, please contact our team to discuss your needs.

Carl Jones

Managing Director

I qualified as a Solicitor having completed my training with Mander Hadley in 1992 and am a member of the Law Society Property Section and The Warwickshire Law Society.