Scots law matters: Boundary dispute
In this issue of our new Scots law matters series, Edinburgh solicitor John Sinclair looks at boundary disputes and explains the first steps in resolving issues with neighbours.
"My neighbour has recently replaced a fence but I believe it has crossed the boundary line, I am not sure how to approach the situation. Should I seek legal advice?"
Good fences may make good neighbours, but only if they are in the right place. It is never nice to have difficult relationships with your neighbours, but sometimes disagreements between owners of neighbouring properties are unavoidable.
Boundary issues can occur when, for example, one party constructs a fence or wall, submits plans for an extension or conservatory or there is unclear use of shared driveways or even a small patch of grass. It can often be that a change or proposed change can highlight a boundary issue which one or both parties were not aware of until that point.
There are steps you can take before considering legal action. You may wish to check your title deeds to find out exactly where the boundaries lie. Clear and respectful conversations with your neighbour you may prevent the situation from escalating.
If, however, the title deeds are complicated and you are struggling to figure out the exact boundaries or you are not able to resolve the situation between yourself and your neighbour, you may wish to seek legal advice.
A solicitor will be able to advise you on your options. These might include writing to your neighbour initially, applying to the Land Register of Scotland to correct an inaccuracy, possible court action or Alternative Dispute Resolution (ADR). ADR can sometimes have advantages over going to court, helping both parties to reach a mutually satisfactory agreement quickly and without the expense or stress of going to court.
To find a solicitor in your area visit our online Find-a-solicitor tool at www.findasolicitor.org.uk.
This is not definitive legal advice, and you should seek legal advice on your own particular circumstances.
Scots law matters: Power of Attorney
In our new Scots law matters series, Scottish solicitor experts explore some of the legal issues which will effect many of us during our lifetimes. In this first issue, Ayr solicitor, Claire Curry explains why it is never too soon to think about the future and prepare a power of attorney.
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