Land & Access Disputes
Our dedicated Rural Practice team have a wealth of experience dealing with land and access disputes for farming businesses and those with land and other rural interests.
From a dispute with your neighbour regarding the boundary of your property, to issues surrounding rights of way, our specialist team have the experience you need to help you resolve your issue.
Adverse possession requires factual possession of the land, with the necessary intention to possess and without the owner’s consent.
The period of adverse possession and occupation required to establish adverse possession differs depending on whether the land is registered or not. For unregistered land it is 12 years and for registered land it is 10 years or a 12 year period ending before the Land Registration Act 2002 came into force. We can assist with making adverse possession applications to the Land Registry or in resisting such applications by a squatter.
Rural Boundary Disputes Solicitors
Boundary disputes can arise in a number of different ways and over the smallest of strips of land.
The boundaries of land are general boundaries only and reference must be made to the deeds in the first instance, with consideration then of whether the boundaries have been altered over the years by adverse possession.
Often the plans attached to deeds will show a different position to that on the ground and neighbouring landowners will need to resolve who is the title owner of which parcel.
There are presumptions in relation to boundaries which include the presumption that where properties are divided by a track, whether public or private, or a stream, the boundary is the centre line of the stream or track.
We act on behalf of a number of landowners either making an application for rectification of the paper title or defending such application. We also deal with disputes between landowners under the Party Wall Act.
Encroachment of land can be a common problem for agricultural land owners to deal with especially if their land borders a village or town.
Encroachment of new housing developments or expansion of existing premises in to neighbouring farm land can be difficult to spot because the move will often be gradual or not obvious on a first glance.
Agricultural landowners need to be vigilant if there are any changes around the borders of their land to check that no encroachment has occurred.
Ownership & Occupation
Disputes relating to the ownership and occupation of land can take many guises.
Our Rural Practice team deals with such disputes on a daily basis and will be able to advise you as the landowner or as the occupier of your options and rights in relation to the land.
Private Rights Of Way
What many people do not think about is that many properties, particularly in rural areas, may not have legal rights of access with vehicles.
We provide advice to landowners and homeowners to resolve disputes and where appropriate negotiate the terms of payment for rights of access with vehicles. We can advise you on court proceedings, and where appropriate, on applications for injunctions.
Public Rights Of Way
We advise on public rights of way, footpaths and bridleways, which are important matters for landowners and for those who use the countryside.
We can advise on requests to register public rights of way on the official map, whether it is to support or oppose a request.
Disputes can occur when exercising public rights of way, which are often to do with restrictions on access by the public, and we can deal with any ensuing court proceedings.
Rectification Of Title
We act on behalf of a number of landowners either making an application for rectification of the paper title or defending such an application by a neighbouring landowner.
- Sean Boucher
- Director & Head of Lifetime Planning - West Wales
- Rhys Evans
- Director & Head of Rural Practice
- Kieren Palfrey
- Associate Solicitor - Agricultural & Property Litigation
- Adam Dicks
- Legal Assistant - Agricultural & Property Litigation
- Malcolm Thomas
- Rural Client Manager - Rural Practice
- 07837 109 599
- Sally Milliner
- Senior Associate Solicitor - Agricultural & Property Litigation
- Emily Wellington
- Trainee Solicitor - Agricultural & Property Litigation