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Homeowners lose boundary dispute because of adverse possession Request more information

A woman and her son have lost a boundary dispute with their neighbour because of the legal concept of adverse possession. This is the principle whereby people can sometimes claim ownership of land if they have had exclusive possession of it for a certain period. The case involved a disagreement over a strip of land just 35cms wide which separated two terraced houses numbered 38 and 39. The woman and her son, the Huntleys, took legal action after their neighbour decided to erect a fence on the disputed area. They claimed that this would make it very difficult for them to open the doors of their car. The legal proceedings centred on the exact location of the original boundary. The Huntleys, who lived at number 38, submitted that it followed a straight line, known as the “red line” on the map used in the trial. The neighbour, who lived at 39, submitted that it followed the “green line” which was more in his favour. The Court of Appeal held that whatever the original boundary might have been, it was clear that number 39 had been in exclusive possession of the disputed strip from 1935 onwards. It meant that by 1950 at the latest, any title that the owners of number 38 might have claimed had been extinguished by adverse possession. Giving judgment, Lord Justice Rimer said “the consequence of the prior adverse possession was that the green line marked the present boundary between the properties”. It is not uncommon for neighbour disputes to lead to court action but it is usually better for disagreements to be resolved amicably. Clarification of the legal position may help resolve the problem right at the outset. If there is still a disagreement then a solicitor may be able to help arrange mediation so that a settlement can be reached that is fair to both sides. This approach is usually far less stressful than going to court and it may help you to maintain a good working relationship with your neighbour. This is very important as you may have to live alongside each other for many years to come. Please contact us if you would like more information about the issues raised in this article.

01/07/2010

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