Search the LAWLINCS site Download pdf version


Most people would think that when there is a dispute over the position of their boundary, to whom
the boundary belongs, or regarding rights of access to and across another’s property, a quick trip
to the local Land Registry would solve the problem. Unfortunately this is not always the case.

The most common claims regarding land are :

 

 

 
 
Dispute as to the correct boundary  

When one person believes that the boundary is no longer in the right place this can have
significant repercussions for both neighbours if the problem cannot be sorted amicably.
Repercussions range from an effect on the value of your home to loss of part of your garden
required for, for example, access to the property.

 
Adverse possession  

If someone has possession of a piece of land and has used it to the exclusion of all others and
without the registered owners consent for a period of 10 years or more then the person in
possession has a right to make a clam to the Land Registry for adverse possession of the land.

  
Rights of Way  


A right of way over some ones else’s land can either be granted when the property is sold and
the right passes to each new owner, or obtained by the use of a particular right, be it a path,
driveway or other part of the property by someone other than the owner for a certain amount of
time.
 
These claims are only the most common and there are many other situations which arise
occasionally which give rise to a claim. If you are not sure whether your dispute would
benefit from legal advice/intervention, please come and see us. Our 30 minute free
consultation will help you decide whether you require further help or not.