Property Boundary Rectification Dispute Success

Published on: 7 September 2016

Luke Curran & Co. successfully represents client to seek order for rectification of boundaries with neighbouring landowner after dispute.

Our client suffered encroachment into an agricultural field by the owners of the neighbouring residential property by way of an extension of their garden and garage.  A detailed survey of the property was carried out to compare current boundaries against historical boundaries established from Ordinance Survey Photographs.  Thereafter Land Registry boundaries were superimposed to established the level of encroachment.  Court proceedings were issued and the matter was determined by the Judge to give the relief sought by our client by way of an Order for the rectification of boundaries in the Land Registry together with damages and legal costs.  The Defendant’s Counterclaim was duly dismissed. The Defendants are compelled by Court Order to physically rectify the correct boundaries of the property within the appropriate period of time at their own cost.

If you suspect you have suffered encroachment from a neighbouring land owner or any other impediment to your property rights such as adverse possession, rights of way or rights for services  we would urge you to take legal advice as quickly as possible to protect your position and to avoid any defence of delay or estoppel.

We seek to resolve disputes without recourse to litigation when possible by correspondence and joint experts meeting on site with clients.  We seek to keep legal costs to a minimum and can explore whether your costs are covered by your building insurance policy or whether you qualify for legal aid.

We offer a wealth of experience in property and litigation to bring about the best possible outcome in the shortest timescale with the least stress to you.