Overview
Our firm recently acted in a boundary dispute between neighbouring homeowners in a unique Grade II* listed village in Highgate, North London. The case revolved around ownership of a basement and portico and whether these were part of one property or shared between two.
Background of the Property Dispute
The properties in question form part of a historic community built in 1865, designed by Henry Darbishire and commissioned by Angela Burdett-Coutts. Residents jointly manage the village, making property issues particularly sensitive.
A disagreement emerged between two neighbours occupying semi-detached homes, each asserting ownership rights over the basement and rear portico. Our client believed the space was shared, while her neighbours claimed exclusive rights.
Legal Position and Key Issues
We were instructed after our client had already commenced proceedings. Her neighbours were legally represented from the outset. We amended our client’s claim to properly present her case.
- Our client’s position: The space was shared, supported by historic plans and Land Registry title plans.
- Neighbours’ position: They owned the space exclusively, in particular relying on the general boundaries rule, which states that title plans are indicative only.
- Alternative case: Our client also claimed easement rights, having used the basement since the 1980s.
Challenges Faced: Missing Documents and Expert Evidence
A key issue was the loss of the original conveyances—believed destroyed in a fire—making more precise boundary interpretation difficult. Each party brought in expert land surveyors, who analysed and overlaid historic plans onto the current layout to assist the Court.
Our expert argued the basement was historically a shared dust cellar, while the defendants maintained it was a private coal cellar.
Tragic Circumstances and Court Action
The case was heard in the Business and Property Courts at Central London County Court. Sadly, our client passed away shortly before trial. Working with her executor, we ensured the matter went ahead by relying on her draft witness statement—an unusual but effective approach.
Successful Resolution Through Settlement
As the trial was concluding, both sides entered settlement discussions and reached a mutually agreeable solution. This spared further legal costs and stress while securing clarity for all involved.
Need Help with a Boundary Dispute?
Boundary disputes can be complex, particularly where title plans, old maps, easement claims or missing deeds are involved. Whether you’re dealing with:
- A boundary disagreement
- Disputes over Land Registry plans
- Shared access or easement claims
- Historic property documents
Our experienced boundary dispute solicitors can help. We act for homeowners, landlords and estate managers across London and the UK.
📞 Contact us today to arrange a confidential consultation.
