John Howe & Co

A Yorkshire-based property expert is warning that boundary disputes very rarely end amicably after a survey found that more than 1 in 10 British adults had found themselves wrapped up in a disagreement over land rights.

John Howe, of Pudsey-based John Howe & Co, warns that it is almost impossible to resolve disputes about the position of a boundary or rights of over a neighbour’s land to the satisfaction of both parties.

In some cases, he cautions, the costs involved in instigating legal proceedings vastly outweigh the value of the land involved.

His words of warning come after a recent report by Churchill Home Insurance found that 6.6 million people in Britain had been caught up in a dispute with neighbours about property boundaries or access during the last year.

The position of fences, walls and hedges was the most common gripe with access problems coming in third.

Shared access ways, drainage rights, rights of light, rights to go onto another owner’s land to carry out repairs all are potential areas of disagreement, says Mr Howe.

But, he says, if a homeowner needs access to a neighbour’s land or property to repair their property and they are refused permission, there are steps that can be taken to enforce a right of access.

One option is to see if any rights of access are included in the title deeds. Another is to apply for a court order under the Access to Neighbouring Land Act 1992.

However, Mr Howe advises trying to reach a compromise is the best approach to take initially in a row over a domestic boundary or property rights of way.

He warns litigation could cost between £10,000 and £30,000 and that a householder may not be able to sell their home if potential purchasers learn of the dispute – sellers are meant to disclose any differences with neighbours relating to their property.

Mr Howe said: “Trying mediation and arbitration is a much better option as this may achieve a more amicable result.

“Legal action, and its potential to lead to a heated court room battle, is never going going to make for a happy neighbourly relationship. By its nature, it has to end with a winner and a loser who then have to attempt to live next to each other once the case is finished.

“The result could be years of resentment and hostility and even lead to one of the parties feeling so aggrieved or unhappy that there is no alternative, but to move if they cannot reconcile themselves with their neighbour’s stance or attitude after the case. You’re certainly not going to be bringing each other’s bins in!”

Contrary to popular belief, Mr Howe says, legal titles, deeds and documents may not provide the answer to a boundary or access dispute.

Title deeds lodged with the Land Registry can prove to be inaccurate and have been known to show that both parties own a disputed patch of land.

Even if there is a more precise plan included, such as the original transfer or conveyance, the limitations of accuracy are at best 2m on a 1:1250 plan and up to 20m on a 1:10,000.

With the Churchill study highlighting that the average space neighbours argue over typically equates to just over two percent, or 27.5 square foot, of a garden such deed details will be of little help.

Mr Howe said: “A householder, who is concerned about boundary or access issues should obtain legal advice as soon as possible, with all relevant information such as pre-registration deeds, photos, plans. They then can be given an objective view of the matter.

“Legal professionals can give advice on taking the mediation or arbitration route to try to reach an amical agreement and prevent it getting to a confrontational court case.”

ENDS

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Notes to editors:

Established in 1994, John Howe & Co is a specialist and independent firm of solicitors. We offer a comprehensive range of legal advisory services to private individuals and businesses across many diverse sectors.