Boundary dispute - type of solicitor to use?

GustyGardenGalaxy

Is a conveyancing solicitor the one to go to over a boundary dispute, or is that best handled by a litigation solicitor?


Thanks

david29dpo

A conveyancing solicitor is just that but may be able to advice on the best method. What the problem?

RabbitMad

GustyGardenGalaxy wrote: »

Is a conveyancing solicitor the one to go to over a boundary dispute, or is that best handled by a litigation solicitor?


Thanks

Neither - unless it is a serious problem (several foot at least) as it is likely to cost more than you can imagine and leave you out of pocket even if you win.

NeverEnough

Believe me - don't go there - we lost all our savings and spent over £40 000 on a Boundary Dispute a few years ago (2005). It caused us untold distress and obviously we lost a fortune - we had no real choice, sadly, as our neighbours embarked on a "landgrab" in order to snatch parking places, and as we have very limited allocated private parking to each property we would not have been able to sell the property in the end, as there is no street parking anywhere nearby. The solicitors who supposedly had "specialist knowledge" of boundary disputes were breathtakingly expensive and fairly pathetic. A barrister had to be engaged as well. We did get the land back and the issue resolved, but couldn't recover any costs without a further hugely expensive court case and "no guarantee" of any costs to be reimbursed by the aggressor who broke our wall down to grab the land..........We didn't go down the costs recovery route as we simply did not have any more money, having spent nearly £40K already.

So, unless its a very substantial land grab which affects the price and access of your property severely, I would advise from bitter experience......DON'T DO IT!!!!!

pararct

If someone grabbed my land I would grab it back and let them sue me.......

Perhaps that is a way forward?

GustyGardenGalaxy

Apologies, I should have explained better - this is 'simply' a case of adverse possession, ie a very thin strip of land down one side of a lawn that the Land Registry somehow managed to register to the wrong person sometime in the past. That person now naturally thinks it's his since it came to light while my solicitor was registering the deeds with the Land Registry, but seems to be forgetting that it has been part of my lawn for 23 years with no challenges (and it was purchased by my father in about 1987). My solicitor thinks that, with the evidence I have, I will surely win - the soliitor also says that any costs will be minimal, ie hundreds of pounds if that (and yes, I trust her implicitly).

merlyn217

If you haven't seen it already, the garden law forum is superb for advice and support with this sort if issue.

http://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=24

Jeffrey_Shaw

GustyGardenGalaxy wrote: »

Apologies, I should have explained better - this is 'simply' a case of adverse possession, ie a very thin strip of land down one side of a lawn that the Land Registry somehow managed to register to the wrong person sometime in the past. That person now naturally thinks it's his since it came to light while my solicitor was registering the deeds with the Land Registry, but seems to be forgetting that it has been part of my lawn for 23 years with no challenges (and it was purchased by my father in about 1987). My solicitor thinks that, with the evidence I have, I will surely win - the soliitor also says that any costs will be minimal, ie hundreds of pounds if that (and yes, I trust her implicitly).

Do you have Legal Expenses Insurance?

GustyGardenGalaxy

Legal Expenses Insurance? Not sure, i'll have to check.

GustyGardenGalaxy

merlyn217 wrote: »

If you haven't seen it already, the garden law forum is superb for advice and support with this sort if issue.

http://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=24

Looks good, thanks for the tip.

NeverEnough

pararct wrote: »

If someone grabbed my land I would grab it back and let them sue me.......

Perhaps that is a way forward?

Not really, as it can end up with physical assault and threats etc and the police being involved re affray etc etc as the neighbours temper flares, so not the best way forward, no.

But if its a simple case as the OP states, then perhaps a few letters etc may sort out the legalities without too much expense on his part.