Read more articles in: Author, Blog, Dispute Resolution, Lorraine Walker

What to do if you suspect a neighbour has encroached on your land

Property boundaries delineate where your land ends and your neighbour’s begins.

They are not always visible and may not align with the physical barriers like fences that sometimes mark these divides.

Understanding and respecting these boundaries is vital for maintaining good relations with your neighbours.

However, disputes can arise when it is perceived that these boundaries have been altered without your consent, leading to potential encroachment on your land.

Understanding property boundaries and legislation

It is important to note that, unless explicitly determined, Land Registry plans only show general boundaries.

This means that the exact line dividing two properties might not always be clear-cut and could differ from where current fences stand.

If you believe a neighbour has encroached upon your land, possibly due to altering a fence or any other boundary marker, it is essential to address the issue promptly and constructively.

Step one: Communicate with your neighbour

Initiate a constructive dialogue by discussing your concerns and sharing your understanding of the property boundaries.

This step can often resolve misunderstandings amicably and avoid any legal action being taken.

Step two: Consult relevant documents

Should communication not resolve the issue, refer to your property deeds and any existing surveys.

These documents, obtainable from the Land Registry, are pivotal in identifying the legal boundaries of your property.

Consulting a qualified surveyor can also provide clarity and professional advice on boundary lines.

Step three: Consider mediation

If discussions and document reviews don’t lead to a resolution, mediation by a neutral third party, such as a solicitor, could facilitate a compromise.

This approach is often quicker and less costly than legal proceedings and can help to protect the relationship between the two parties.

Step four: Legal recourse

As a final measure, if the dispute remains unresolved, seeking legal advice is always a good idea.

Legal action should be a last resort though, given its potential to strain neighbourly relations.

Taking legal action is different to obtaining legal advice which should be sought at an early stage in any dispute.

A solicitor, specialising in property disputes, can guide you through the legal process and advocate on your behalf, aiming to protect your interests. They can also assist in reading and explaining the deeds and plans for your home, and help you, if necessary, to instruct a surveyor

To learn more about dispute resolution or to speak with an experienced solicitor, please get in touch.