Boundary Disputes

Boundary Disputes

There are occasions when the boundary between properties is contested. Perhaps you have just moved into your new home and you would like to put up a new fence or boundary wall, or maybe you are considering extending and your neighbour does not agree with you that the boundary is where you had been led to believe it was.

From our own observations, property owners sometimes become engaged in disagreements with their neighbours over very small parcels of land – in some instances only a matter of a few inches in width. Of course, as the saying goes….."an Englishman's home is his castle" and none of us are likely to welcome any attempt by an adjoining property owner to apparently obtain ownership of land or property which we firmly believe should in fact belong to us.

The potential problem here is, that is a boundary dispute over a piece of land say, a few inches in width were to go before a court, it is very possible that the judge would refuse to rule on the matter, on the basis that it is "de minimis" (from the Latin "de minimis non curat lex" or "the law does not concern itself with trifles").

Taylor Tuxford Associates will attempt to assist its Clients by carefully studying both the property records (Title Deeds) and by inspecting the boundary in question before presenting the best professional advice relevant to the particular circumstances at the property in question.

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