Boundary disputes can turn into some of the most acrimonious civil cases to come before the county courts. Often the point in dispute will have relatively little financial value, with the parties becoming entrenched and fighting for the "principle" of the case. Typically, disputes concern the position of a fence or hedge, or car parking problems. Rights of way and noise nuisance also feature strongly as complaints. Funding is not generally available for neighbour disputes form the Legal Services Commission (civil legal aid) but may be available on a house insurance policy. Many solicitors will not undertake boundary dispute cases on a "no win no fee" basis, since such cases do not usually include a claim for damages. Very often, one or both of the parties is left to fund the case privately or represent themselves. In these circumstances, an accredited barrister can provide cost effective advice, advocacy and help with documents under the Direct Access scheme.
Written by Ian Jones, Barrister at New Walk Chambers, Specialising in Direct Access work, including Boundary Disputes.