Resolving a commercial property boundary dispute

Where land has a commercial use or development potential, a dispute about one or more boundaries can disrupt business activities for a long time if not resolved. Disputes can arise over land ownership, land use, and maintenance responsibilities.

Such disputes can be difficult to resolve, often due to a lack of clarity with the land records. But failure to achieve a resolution may mean structural work cannot continue, affecting property value and the income stream, or land may not be maintained adequately for years.

The evidence in these matters is vital.  Problems often arise where the land has never been registered at the Land Registry, the description at the Land Registry is not clear, or because some plans were drawn up badly, especially for older plans or unregistered land.

Whatever the reason behind the dispute, it is important that a boundary dispute is resolved as quickly and painlessly as possible for all parties to avoid these causing problems for years, disrupting business activities, and to avoid affecting the value of land. 

In this blog, we look at how boundary disputes can arise and how they can be resolved, as well as looking at recent case law that has changed the law on adverse possession.

Common types of boundary disputes in commercial situations

Boundary locations

A dispute over the precise location of a boundary can arise any time, but it often crops up when there is a change of ownership, use, or maintenance of the commercial property.

Neighbouring owners may have different ideas of where the boundaries lie, particularly if the deeds are not clear. These differences become evident when land changed ownership, or when development work starts, such as a fence being erected or building work starting.

Boundary and land maintenance

It may not be clear who is responsible for maintaining land and boundaries, such as fences or walls or trees.

In terms of maintenance, a dispute can arise where a neighbour starts to maintain land that you believe belongs to you. 

Alternatively, disputes can arise over land which is not maintained, because there is a dispute over whose responsibility this is, especially where this has an adverse impact on neighbouring property – for example with the encroachment of Japanese knotweed.

Land use and adverse possession

Another type of dispute that can come out of the woodwork when boundaries change is where someone has been using the land for a long time and wishes to have possession of the land, when legally it is not theirs. They can then claim ownership through adverse possession.

The law of adverse possession allows a person (or entity) which has occupied land without the legal owner’s permission for a certain period of time, to acquire the legal ownership of that land. They must prove they have treated the land as their own and excluded others from using it for at least 10 years if it is registered at the Land Registry, or 12 years if unregistered. For example, by maintaining it, fencing it, and using it regularly by dealing with the land as an occupying owner might, so that it would be unconscionable for them to be denied possession of the land. Alternatively, they must show that they had a ‘reasonable belief’ that they actually owned it for 10 years at least.

If these conditions are met, the claimant can apply to HM Land Registry to become the registered proprietor of that land.  The legal owner must be given notice of the application, and they can object to this if they legally own the land.

A recent court ruling has expanded the timeframe for demonstrating a ‘reasonable belief’ the land has belonged to you for at least 10 years before the application date. Previously it was thought that this was the 10 years immediately leading up to the application to HM Land Registry. However, in Brown v Ridley in 2025, the Supreme Court ruled that the reasonable belief of ownership can relate to any 10-year period during the occupation of the land, not just the last 10 years.

Options for resolving a commercial boundary dispute

There are several options available to landowners. The first is to try to achieve an agreement by way of negotiation, which can be led by your solicitor. If an agreement can be reached, this can be recorded at the Land Registry for future owners.

Sometimes this just is not possible. In that case, before issuing a claim in court, the parties can take part in one of the various methods of alternative dispute resolution commonly used in property disputes.

Mediation

This is where the parties attend a meeting, but do not have to meet face to face.  An independent mediator goes between them to encourage them to reach an agreement. The mediator does not make any decisions, and any agreement reached is not binding.

An independent third party can often bring some perspective and the wider picture into the negotiations. This can be arranged fairly quickly, whereas waiting for a court hearing can take a lot longer.

Arbitration

This is a private process where an arbitrator (or panel) issues a binding and enforceable decision on the parties, having reviewed the facts and spoken to the parties. The parties can often choose the arbitrator who will be an expert in the particular area required.

It has the benefit of being confidential and the decision is binding, so means the issue can be resolved much faster than with a court hearing. This is a significant advantage in cases such as construction work which may be on hold pending the outcome of a dispute.

Early neutral evaluation

This is where an independent expert or judge provides a non-binding assessment of the merits before a matter goes to a full trial in court.  They will look at the evidence and make an assessment of the merits of a dispute at an early stage.

This can help each party to understand the strengths and weaknesses of their case before it goes before a court. The independent element can give entrenched parties a reality check on what is likely to happen at trial. It can also focus parties on the key legal or factual issues to be resolved.

Court proceedings:

If agreement cannot be reached, often a court claim is the only way to bring about an end to a dispute definitively.

A court has wide powers to resolve a boundary dispute.  It can determine where a boundary sits, which the parties must be bound by.

It can also award financial damages to a party if necessary, perhaps if they have been maintaining land that they did not in fact own or need to maintain. The court may compensate you if, for example, you are a developer and a dispute has meant a delay in the completion of a project, with the consequent increase in costs you will inevitably have incurred. It may also mean compensation for any resultant change in valuation of the final project due to the delay.

A court can also order that certain actions are taken. For example, that buildings erroneously erected be taken down, or other structures removed.

Time constraints

There are no time constraints for bringing a claim in court.

What evidence is needed?

One of the reasons that confusion arises over adjoining land is that the available paperwork is not always clear. Even the title plans held at the Land Registry can be vague.

The original conveyance of the land, especially if it divided the plots, is more helpful if this can be found. Historic photographs of the land can sometimes provide useful evidence.

It may be necessary to instruct a boundary surveyor to provide a report on the boundary. They will examine the historic documents, assess the land and take measurements to see if they can determine the correct boundary line.

It can also be helpful to show how the land has been used historically and for how long.  Leases or licences over the land might illustrate the treatment of the boundaries, as can informal agreement between the parties as to usage of the property. This can sometimes help to indicate a clear intention by historic parties as to where they believe the boundaries lie, even if the plans are not clear.

How we can help

For further information, please contact a legal adviser in our dispute resolution team on 01904 624185.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.