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The benefits of remote working for part of the week allow me the benefit of having time for a cup of coffee and read of the newspaper at my local independent coffee shop rather than be sitting in traffic on the A47 or taking my life in my hands driving across the Fens.

A couple of weeks ago and part way through reading the Times (other newspapers are available) I was dismayed again to read the newspaper’s report of what can only be described as a war between neighbours over their boundary fence that lead to the successful party: -

• Drumming up legal costs in the region of £114,000
• Having no alternative but to now sell her home to be able to settle her legal bill
• Having to give up her job in local government due to ill health caused by the stress and strain of the dispute.
• Receiving civil restraint orders from the court service due to the documents that she relentlessly bombarded the court with.
• Facing allegations of criminal damage, harassment and fraud.

Coupled with the fact that reports of this nature do absolutely nothing to help the reputation of the legal profession with the level of legal costs involved often being reported out of context.

I ordered another coffee and a pastry, aware that I may be sometime (sorry waistline, but it was in a good cause) and typed ‘boundary dispute reports and cases’ into Google (again other search engines are available). I avoided AI and Chat GPT, as they were giving me advice that a solicitors should really be approached for, but I would say that! I was met with literally hundreds of references to similar cases, where whist thankfully most did not involve figures for costs similar to the above showed a marked increase in recent, post covid years, leading me to question, (and adopt a historical and much quoted phrase if “An English man’s (person’s) home is his (her/their) castle”, (emphasis added!) is it really worth going to war over the boundary of it that can eventually lead to the castle’s walls being breached and potentially the castles destruction or the owners’ exile therefrom? Surely, there must be a better way to resolve issues with your boundary?

There is…..

1. Before you even start to discuss matters on a friendly basis with your neighbour take time to establish where the boundary should be with the assistance of a solicitor with reference to: 

• Your title documents held at H M Land Registry.
• Plans.
• Surveys.
• Photographs.
• If you are uncertain instruct a local chartered land surveyor to drawn up a plan marked with where they consider the boundary to lie with an accompanying report 

2. Establish who moved the boundary and when, as there would be further issues with adverse possession (aka “squatters rights”). 

3. If the boundary was moved was there any objection? Enquiries may need to be undertaken with the previous owners. 

4. Do you have legal expenses cover, often attached to your home, buildings and contents insurance policies. The existence of such a policy can assist with your legal costs and therefore assist you in taking a commercial view on whether you pursue the dispute, and if so, how far? 

5. Also relevant to taking a commercial view rather than fighting over a matter of principle, without fail expensive, considering negotiating a payment for land obtained, or quantifying the value of land lost. 

6. Sending a Letter of Claim to your neighbour with all relevant documentary evidence in support which could lead to an early settlement. There are protocols in force which must be followed before embarking on litigation. 

7. Refer to the issue to H M Land Registry’s Dispute Resolution Service which if unsuccessful leads to referral to the Land Registration Division of the Fierst Tier Tribunal, a venue cheaper and quicker that suing the civil court system. 

8. Mediation should always be considered as an alternative to litigation and is now expected with failures to undertake a reference, potentially resulting in an adverse cost order. 

9. Reference to a Chartered Land Surveyor for expert determination enabling both sides to provide written submissions and evidence in support; followed by a site visit and a reasoned report thereafter.

Sometimes litigation is the only way forward, but it should be avoided, using the various methods of Alternative Dispute Resolution available to you. If you find yourself in the unfortunate position of having a potential boundary dispute please let me help you navigate your way out of it, or if we must, through it, thereby preserving your castle for future generations.

If you’d like to speak with Marcus you can call him on 01945 898090 or email This email address is being protected from spambots. You need JavaScript enabled to view it.