Do you have a boundary dispute with your neighbour?

Stewart Patterson - barrister, commercial and business property expertBoundary disputes are unfortunately quite common, and can be very distressing for those involved.

If a neighbour starts to encroach on your land, or if you have a concern over a shared wall or barrier that is not being addressed, then you may want to take legal action to resolve the problem.

Another problem that occurs is that such disputes can often be hard to get solid opinions on. It can be difficult to have a conclusive discussion with a lawyer on how to argue your case and to even work out your chances of winning.

This all changes when you speak to a barrister who is a specialist in boundary law.

Types of boundary dispute

In brief, there are three distinct types of boundary dispute:

  • Boundary dispute – A disagreement over where a boundary lies. Usually because of unclear demarkation or disputed positioning of new structures.
  • Party wall dispute – Most often about access to or the condition of structure on the boundary between two properties.
  • Rights of way – They are rights which one party can have over another’s land without having rights of ownership in any way.

Newer types of boundary dispute

boundary disputesOther disputes are now becoming more regular, such as arguments over high leylandii hedges. Sch cases have to be dealt with on an individual basis on its own merits. Older law such as the “right to light” can still applied.

When it comes to neighbours, mediation may be a much more cost-effective and satisfactory way to resolve these disputes than litigation.

The benefits of talking to a specialist barrister

In order to resolve these kinds of issues successfully, the right advice is required from a barrister who has years of experience in dealing with property related problems such as boundary disputes.

My best advice to you is that you take action now. It will relieve worry and uncertainty and can quite possibly save you money and more problems in the long run.

The barrister will study the merits of your case, the problems that you are facing and of course the contracts. He will then make the best recommendations on how you should proceed towards obtaining the resolution that you want.

Get the right legal advice faster

In the past you would have contacted a solicitor first, they would then refer you on to a specialist barrister. Rather than following this process you can now contact some barristers directly yourself. This way you will have the help that you need almost immediately. Avoiding unnecessary delays, you will also avoid the extra expense that is incurred when being referred by a solicitor.

You can email or call Stewart Patterson for this. As an experienced barrister of long standing, he has a tremendous depth of knowledge with property and boundary disputes.

‘Who should’ & ‘How to’ take action

Naturally when a boundary dispute arises, the first thing that you should attempt to do is to talk to your neighbour. It may be that there was a misunderstanding, or that a satisfactory resolution can be reached in a friendly manner. When this is not possible, it is best to seek good advice.

By taking action now the process is easy and fast. Very quickly you will be confident that you are dealing with a specialist. You can make your initial enquiry by phone or email and this is free to do. After that all work is carried out on a fixed cost basis, so you will always know exactly where you stand.

You should make contact straight away if…

  • You need to protect the boundary integrity of your property
  • Someone else is encroaching on your land
  • There is a threat of comeone else encroaching on your land
  • There are access to daylight issues
  • There are right of way issues in dispute
  • You need to clarify ancient ownership or ancient rights in relation to your property

Contact Stewart Patterson Barrister

Contact Information

We wholeheartedly welcome you to contact us regarding any legally related issues or concerns. We're easy to talk with and will very quickly steer you in the right direction.

Stewart Patterson
Barrister, Mediator & Arbitrator

Pump Court Chambers,
31 Southgate Street,
Winchester
SO23 9EB
Tel: 01962 690061
Fax: 0845 259 3240
DX: 2514 Winchester

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