Boundary Disputes and Neighbour Disputes
Do you have a dispute about a boundary?
Boundaries between properties are often the most hotly disputed strips of land. If they are not dealt with quickly and effectively they can lead to years of issues between neighbours that can easily escalate. Often expert help is required to effectively deal with boundary disputes, so that they are concluded and the parties can move on.
What is a Boundary Dispute?
Boundary disputes regularly arise between neighbouring properties. These can involve garden walls, hedges, fences and other boundaries between properties, and can often involve disputes between landowners concerning rights of way and easements.
Some disputes arise because natural boundaries such as rivers, streams and hedges (when they are cut from one side only) can move over time. Boundary disputes can also arise as a result of professional negligence when, for example, a solicitor has failed to ensure that boundaries are correctly marked on plans or with the Land Registry when a property is being bought or sold.
At Samuels Solicitors, we have been dealing with these types of dispute for over 25 years. We have a strong reputation for dealing with boundary disputes quickly and effectively and where professional negligence has also been involved, often at very minimal cost to our clients.
If you think you may have a boundary dispute, then you have nothing to lose by talking the issue through with us, as we are happy to have a free initial discussion with you by telephone.
Boundary Disputes Can Affect the Value of Your Property
We understand that boundary disputes can negatively affect the value of your property and your ability to sell which is why you will need your boundary dispute to be dealt with as quickly as possible, and achieving the best result possible for you.
It is likely that you would not be able to sell your property, or would have to sell it at a significant undervalue, if the problems with your boundary are not resolved satisfactorily.
As resolving boundary disputes quickly and cost effectively is key for most clients, we will encourage mediation where appropriate, but will pursue swift court action on your behalf where mediation is not possible, for example when your opponent is not willing to mediate, always advising you of the costs and risks of the action being taken.
Funding a Boundary Dispute case
We understand that legal fees can be expensive. If you are likely to have difficulty funding a case yourself, we will consider with you at the outset what funding options may be available to you.
Where you have a strong case, we will always consider whether we can help you with a Conditional Fee (no win no fee) Agreement.
If your boundary dispute arises as a result of professional negligence by a solicitor who dealt with the conveyancing for you, or the neligence of a surveyor who prepared a report on the property before you bought it, it is possible that the majority of the fees you would incur with us would be covered by their professional indemnity insurance. In these circumstances, we are often happy to agree to our fees being paid at a lower rate throughout the case, with the balance deferred until the conclusion. In particularly strong cases, we may agree that the whole of your fees can be deferred until the end of your case.
You may have insruance which will cover your legal fees. We will discuss this with you at the start of your case, and can deal with your insurance company on your behalf.
Contact Us About Your Boundary Dispute
If you have a boundary dispute or a problem with a neighbour, we can help. We have successfully assisted hundreds of clients with boundary problems, throughout Devon, the wider South West region, and beyond.
Contact us and we will provide you with a free initial assessment if you have a problem with a boundary or with a neighbour.