Disputes involving land boundaries, trespass, or claims to ownership can be among the most sensitive property issues individuals face. They often develop gradually, sometimes over many years, and may be complicated by historic arrangements, unclear documentation and informal understandings between neighbours.
At Greene & Greene, we regularly advise and act for property owners in resolving these disputes with a careful, proportionate approach, focused on protecting your legal position while seeking practical outcomes. Our role is to bring clarity to complicated situations, explain the law in plain English, and help you reach a sensible outcome, whether that is through careful negotiation or, when necessary, court proceedings.
Who we help
Our clients are wide ranging but typically include the following property owners who are:
- Dealing with uncertain or disputed boundaries
- Looking to bring a claim or defend a claim for adverse possession
- Concerned about neighbours using land without permission
- Facing last‑minute title or boundary problems on a property sale or purchase
We will assess whether the legal tests are met, explain the process clearly, and guide you through any application or objection with careful attention to detail.
Adverse possession
Adverse possession, sometimes referred to as “squatters’ rights”, involves a claim to ownership of land through long‑term occupation without the legal owner’s consent.
The rules differ depending on whether the land is registered or unregistered, how long it has been occupied, and the nature of that occupation. In either case, applicants must show both factual possession of the land and an intention to possess, without the paper owner’s consent and for a specific, continuous period (either 10 or 12 years).
Quiet use alone is not enough. Evidence matters, timing matters, and missteps can be costly. These cases can be complex, particularly where Land Registry requirements are involved. Because of the complexity of this area of law, early legal advice is essential—whether you are defending a claim or considering making one.
If someone is occupying land you believe belongs to you, it is important to understand your position before the situation hardens into a formal claim. Likewise, if you have occupied land for many years, you may wonder whether you have acquired legal rights to it. This commonly arises where boundaries have never been clear, or where use has gone unchallenged for decades. Not every long‑term occupation leads to a successful adverse possession claim. Our role is to give you a realistic assessment before you take any steps.
We advise both landowners seeking to protect their property and occupiers considering whether they may have a legitimate claim. We can make or object to Land Registry applications and bring and defend claims that subsequently come before the Land Tribunal. We are also skilled at resolving such disputes through mediation and other forms of negotiated settlement.
Boundary disputes
Boundary issues commonly arise where title plans are unclear or do not reflect what exists on the ground. Disputes may involve fences, walls, hedges, or parcels of land. Even minor discrepancies can have significant consequences.
Title plans rarely show boundaries with absolute precision. Land Registry plans indicate general boundaries only, which means disagreements often require a careful review of documents, practical evidence on the ground, and legal principles developed by the courts over many years.
We regularly advise on interpreting title plans and historic deeds and determining the legal boundary position. We work closely with specialist surveyors to provide court compliant reports where required.
Boundary disputes over smaller areas of land require careful consideration. Unless the land is of specific, strategic importance then disputes over such areas can become disproportionately costly. We work closely with you to establish the facts, consider available evidence, and assess the strength of your position before advising on the most appropriate next steps.
Where possible, we will try to reach a sensible negotiated settlement and avoid the cost of more formal litigation. Not every boundary dispute needs to end in court, in many cases early legal involvement helps prevent matters escalating.
Trespass
Trespass occurs where someone enters or uses land without lawful authority. This may involve neighbours, contractors, or third parties, and can range from temporary access issues to ongoing use of land. Trespass does not require damage to have been caused, and it is not always deliberate. Many disputes arise because one party simply believes they are entitled to use the land in question.
Common examples include neighbours parking or storing items on your land, access routes used without agreement, structures, fences or overhanging features crossing a boundary and contractors or third parties entering land without permission.
Not every complaint amounts to trespass in law. We start by assessing the facts carefully, including ownership, boundaries and any rights of way, licences or historic permissions that may apply. If rights have been exercised over a long period of time, then we can also advise on or defend claims for rights acquired through prescription.
We advise on the full range of responses—from informal resolution through to injunctions and damages—always bearing in mind proportionality and cost. Our advice is grounded in practicality, taking into account both legal options and the likely impact on ongoing neighbour relationships.
Resolving disputes proportionately
Claims relating to adverse possession, boundaries and trespass frequently overlap, making it of vital importance to take a joined-up approach.
We understand that disputes relating to land and boundaries can feel personal and, at times, deeply frustrating. Wherever possible, we seek to resolve matters through discussion or negotiation, with court proceedings considered only where necessary. Property disputes can escalate quickly if handled poorly and the associated costs can quickly get out of hand if not carefully controlled. It is important therefore to seek proper advice at an early stage.
Throughout the process, we provide clear advice on risks, costs, and likely outcomes, enabling you to make informed decisions at every stage.
Please contact a member of our property disputes team for more information.
