Boundary disputes are not uncommon in rural areas, where historic deeds, changing land use and long-established farming practices can make it difficult to establish precisely where one property ends and another begins.
A recent case before the First-tier Tribunal, Cunningham v Holehouse, serves as a reminder of the potentially significant consequences of pursuing a boundary claim without sufficient evidence.
The Tribunal was asked to determine the exact line of the southern and western boundaries of a property on the edge of Colne in Lancashire. As is often the case, the dispute centred on differing interpretations of historic title documents and plans.
Many landowners are surprised to learn that a Land Registry title plan does not usually show the exact legal boundary. The red edging on a title plan indicates only the general position of a boundary. Where greater certainty is required, landowners may seek to enter into a boundary agreement with a neighbour or apply to the Land Registry for a determined boundary.
In this case, Mr and Mrs Cunningham made an application to determine the boundary to their property based on an expert plan they had obtained. Their neighbours, Mr and Mrs Holehouse, instructed their own expert, who reached a different conclusion and objected to Mr. & Mrs. Cunningham’s application.
The dispute focused on a 1987 Conveyance and a subsequent Deed of Rectification completed in 2000. While the documents contained measurements which might have been expected to resolve the issue, the Tribunal concluded that they were not sufficiently precise to determine the exact position of the boundary. Instead, the Tribunal examined historic aerial photographs, witness evidence and the location of physical features such as a shed, carport and fence.
Ultimately, the Tribunal found that the boundary claimed by Mr and Mrs Cunningham was not supported by the evidence. Their application was dismissed, and they were ordered to pay their neighbours’ legal costs.
Why does this matter to farmers and rural landowners?
Agricultural boundary disputes can be particularly complex. Farm boundaries may have evolved over decades, with fences moved, hedgerows removed, ditches re-cut and land occupied informally without any corresponding update to title documents.
Disputes commonly arise in relation to:
- Agricultural land sales and purchases;
- Grazing and cropping arrangements;
- Farm tracks and access routes;
- Hedgerows, ditches and fences;
- Development opportunities and diversification projects; and
- Succession planning and estate management.
The value of even a relatively small strip of land can be significant, particularly where access rights, development potential or environmental schemes are involved.
The Cunningham case demonstrates that even where parties have expert evidence and historic documents available, the outcome is not always predictable. If a determined boundary application is unsuccessful, the financial consequences can be substantial, including the risk of paying the other party’s costs.
For that reason, farmers and landowners should seek specialist advice at an early stage. In many cases, disputes can be resolved through negotiation, mediation or a formal boundary agreement, avoiding the time, expense and uncertainty of Tribunal proceedings.
If you are involved in a boundary dispute or require advice regarding agricultural land boundaries, rights of way or rural property disputes, please contact our Litigation & Dispute Resolutions Team. Our team have extensive experience advising farmers, landowners and rural businesses and can provide clear, practical advice on the options available.
Call our Litigation & Dispute Resolutions Team on York: 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email law@warekay.co.uk.
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