Judge makes ruling on neighbours' boundary dispute
08 Dec 2011
A ruling at the Court of Appeal has ended a boundary
dispute between two couples that has lasted four years.
James and Theresa Parry bought their home in Worcestershire in 2002
and Ernest and Elizabeth Zarb moved in next door in 2005.
However, in July 2007, Mrs Parry said she was "absolutely amazed"
to find the Zarbs in her garden hammering fence posts into the
lawn.
They had also chopped down one of her trees and uprooted her
fence.
She went out to confront them and discovered Mrs Zarb measuring out
a new boundary for her own garden that encompassed a large part of
what was then presumed to be the Parrys' land.
The problem had begun when the previous owner of the Zarbs' home
sold the 890 square feet to the then owners of the Parrys'
property. The seller subsequently put up a fence to stop his cows
wandering off, but left some of his land on the opposite
side.
When the Zarbs realised this from the deeds and tried to claim the
land back, they originally won their case.
However, at the Court of Appeal recently, Lady Justice Arden
dismissed the ruling and decided that the Parrys should be able to
retain the section as they have been in possession of it for more
than ten years.
Commenting on the case, Lady Arden warned: "Purchasers are not
necessarily protected merely because the seller gives an assurance
that the dispute with a neighbour has seemingly 'gone away'.
Boundary disputes have a habit of reappearing until finally
resolved."
Earlier in 2011, a poll by Which? discovered that at least five
million people in the UK are annoyed with the people they live next
door to, while ten million reported encountering some kind of issue
with them in the past year.
Chun Truong, a specialist property disputes solicitor, comments:
“Boundary disputes can be stressful, emotional and expensive. You
may have purchased land which you have thought was yours and it is
now being claimed/eroded away by your neighbours. It may be
difficult to establish a historical boundary line without the
assistance of expert evidence. If you think you may have a claim in
trespass, adverse possession or nuisance then contact one of our
solicitors for advice.”
