Case study: boundary and easement dispute between adjoining land

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Our property litigation solicitors advised a land owner who believed the title plan of their land and the neighbouring land incorrectly showed the boundary between the plots.

Incorrect boundary in title plan

Upon notification of the development of the neighbouring land, our clients, Mr and Mrs S, noticed that the boundary was shown differently on the title plan to the boundary feature on the ground. Additionally, the title did not record the rights which our clients benefited from, across the adjoining land.

Mr and Mrs S instructed our property litigation lawyers to raise these matters with the neighbouring land owner. Following our correspondence, the neighbouring land owner agreed that the boundary was shown incorrectly on the title plan and that if the boundary was as shown on the title plan, our clients’ access to their own property would count as trespassing. As a result, a surveyor’s plan was obtained and drawn to scale, identifying the agreed boundary between the properties

Grant of easement for rights reserved across property

Whilst reviewing the boundary matter, it became apparent that the rights our clients benefited from across the neighbouring land were disputed.

Following detailed correspondence and evidence, including historic deeds which had not been considered upon the neighbouring land’s first registration, both parties reached an agreement in respect of their rights. The outcome allowed our clients to continue to benefit from their rights, but with an agreement to a slight variation due to the change of use of both parcels of land over time.

Following a detailed negotiation, a settlement was reached and recorded in a deed signed by all parties. The deed clarified the boundary between the parcels of land, the rights each section benefited from and a variation to the historic deeds, where required. The deed was filed with the Land Registry and the title of each parcel of land was updated accordingly, providing clarity for all parties and future owners of each area of land and ensuring the future protection of our clients’ property.

Due to the anticipated development of the neighbouring land, clarity on the disputed points was vital for our clients to ensure the future protection of their property. Up until recently, both parcels of land had remained in the ownership of the same families since 1960.

With the assistance of our commercial property team, our property litigation lawyers were able to draft a settlement deed which incorporated a boundary agreement, a deed of release and a deed of easement.

Our residential conveyancing solicitors will also assist with the registration application of our clients’ property.

Contact our boundary dispute solicitors in Bristol

To speak to our property litigation solicitors in Bristol and South Gloucestershire about a boundary dispute or any other property-related issue, call us on 0117 325 2929 or fill out our online enquiry form.

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