Farmers Guardian
Word ‘milk’ banned for use in branding of plant-based products

Word ‘milk’ banned for use in branding of plant-based products

This Is Agriculture - Sponsored

This Is Agriculture - Sponsored



Auction Finder

Auction Finder

You are viewing your 1 free article

Register now to receive 2 free articles every 7 days or subscribe for unlimited access.

Subscribe | Register

ADVICE: Resolving boundary disputes on the farm - a look at the options...

Boundary disputes can be one of the most time-consuming and emotionally fraught experiences that farm owners may deal with.


If you end up in court they are often expensive – so finding an amicable solution is recommended.


Here are your options...


It is important to understand that the boundary line on the Land Registry title is often not compelling evidence of where the real boundary is located. A physical boundary and a legal boundary can be different things.


A Land Registry plan is only a ‘general boundary’ and does not reflect the exact border between two areas of land.


To establish where the actual boundary is, you must consider a range of facts contained in your title deeds as well as those of your neighbour.




Where matters cannot be agreed, evidence must be supplemented from other sources. This includes physical features on the subject area, historic maps, adjoining property deeds, intentions of the parties, etc.


When you think about it inaccurate plans submitted for registration, such as an ‘approximate’ boundary or a thickly drawn line, can cause no end of trouble into the future.


Earlier versions of Ordnance Survey plans can also cause issue when matters on the ground subsequently change. The rules on submission of plans to the Land Registry have changed but still need careful attention.


Of course, the most inexpensive way of resolving a dispute is talking to your neighbour direct to reach an amicable agreement on the location of the boundary. If you can come to an agreement you can formally register it with the Land Registry.


If it is not possible to reach an agreed settlement, there are several methods of boundary dispute settlement you could pursue before the matter escalates to court. These include:




This process involves a neutral third party bringing the two sides together to discuss their issue in an informal setting. Mediators are not legal advisers or judges and the process is not legally binding. This only happens when a resolution is reached and a written agreement signed.


Expert witness determination


This approach requires the two neighbours to jointly appoint an independent professional expert – for example, a qualified rural surveyor – and agree that his or her decision will be legally binding if both parties agree it should be.


A site visit by a specialist rural surveyor sometimes reveals evidence of where the actual boundary is located on the ground. Examples of this type of evidence include old fence posts, hidden ditches, small streams and tree-lines.




This is a formal process in which an arbitrator’s role is like that of a judge. His or her decision is based on evidence submitted by both sides and the arbitrator’s award is legally enforceable.


Arbitration costs tend to be higher than mediation and expert witness, although arbitration remains an effective method of resolving a boundary dispute without escalation into a courtroom battle.


Taking it legal


If none of these options are open to you, and the other the party in the dispute is not willing to engage, then sometimes the only option is to appoint a solicitor to represent you.


You should look to instruct a specialist solicitor with proven experience in representing farmers and landowners in boundary disputes. He or she will consider the full range of facts relating to your case before advising you on the most suitable legal remedy.


If all further attempts at an amicable resolution fail, you can ask a judge to rule on your case. He or she will look at the historic deeds and may require further evidence from boundary experts and witnesses who have lived or worked in the area over a long period.


Although you are entitled to go to court, the process is expensive, lengthy, and its adversarial nature means it is unlikely to result in good relations after the event.


Blog courtesy of Robson and Liddle Chartered Surveyors

Read More

ADVICE: Four questions to ask before buying farm insuranceADVICE: Four questions to ask before buying farm insurance
ADVICE: How to sample slurries and farmyard manures for nutritional profilingADVICE: How to sample slurries and farmyard manures for nutritional profiling
ADVICE: The benefits of growing high erucic acid oilseed rapeADVICE: The benefits of growing high erucic acid oilseed rape
Calls to protect farmers after Lakes and Dales boundary extensionCalls to protect farmers after Lakes and Dales boundary extension
Farmers urged to check shed temperatures - everything you need to knowFarmers urged to check shed temperatures - everything you need to know

Post a Comment
To see comments and join in the conversation please log in.

Most Recent