Leeds property expert warns boundary disputes with neighbours can lead to 'years of resentment'

It comes after a survey found one in 10 British adults have found themselves wrapped up in a disagreement over land rights.

John Howe, of Pudsey-based John Howe & Co solicitors, warns that it is almost impossible to resolve disputes about the position of a boundary or rights over a neighbour’s land, so that both parties are left happy.

In some cases, he says the costs involved in legal proceedings vastly outweigh the value of the land involved, and can lead to nasty feelings between neighbours.

His words of warning come after a recent report by Churchill Home Insurance found that 6.6 million people in Britain had been caught up in a dispute with neighbours about property boundaries or access during the last year.

The position of fences, walls and hedges was the most common gripe with access problems coming in third.

Shared access ways, drainage rights, rights of light, rights to go onto another owner’s land to carry out repairs all are potential areas of disagreement, John said.

He advises trying to reach a compromise first is the best approach to take in a row over a domestic boundary or property rights of way.

John warns litigation could cost between £10,000 and £30,000 and that a householder may not be able to sell their home if potential purchasers learn of the dispute – sellers are meant to disclose any differences with neighbours relating to their property.

John said: “Trying mediation and arbitration is a much better option as this may achieve a more amicable result.

“Legal action, and its potential to lead to a heated courtroom battle, is never going to make for a happy neighbourly relationship.

“By its nature, it has to end with a winner and a loser who then have to attempt to live next to each other once the case is finished.

“The result could be years of resentment and hostility. You’re certainly not going to be bringing each other’s bins in!”

Contrary to popular belief, John said legal titles, deeds and documents may not provide the answer to a boundary or access dispute.

Title deeds lodged with the Land Registry can prove to be inaccurate and have been known to show that both parties own a disputed patch of land.

Even if there is a more precise plan included, the limitations of accuracy are at best 2m on a 1:1250 plan and up to 20m on a 1:10,000 plan.

With the Churchill study highlighting that the average space neighbours argue over typically equates to just over two percent, or 27.5 square foot, of a garden - those deed details will be of little help.

John added: “A householder, who is concerned about boundary or access issues should obtain legal advice as soon as possible, with all relevant information such as pre-registration deeds, photos, plans.

“They then can be given an objective view of the matter.

“Legal professionals can give advice on taking the mediation or arbitration route to try to reach an amicable agreement and prevent it getting to a confrontational court case.”