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The Supreme Court has held that it is not possible to make a possession order in respect of land that is not yet occupied by trespassers. The case involved travellers who had camped in a Forestry Commission wood; the Secretary of State then applied for a possession order and injunction in respect of that wood, but also 13 other woods to which it was thought the travellers might move. A possession order was refused, although the court did make it clear that this did not mean that ‘when trespassers are encamped in part of a wood, an order for possession cannot be made against them in respect of the whole wood’. But, what is less clear is where the crossover point lies. For instance could it be asking too much to try to get possession of a 3000-acre estate when travellers have set up a camp on a field in the middle of it? According to Lord Neuberger, that may well be the case, and claimants should not be over-ambitious when defining land in a possession claim.
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Normally, summary proceedings for trespass or squatting are brought in
the County Court. But, it is often not appreciated that it may be possible to
proceed in the High Court. The Part 55 PD says:
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A reminder of the rules on boundaries that abut tidal waters (whether the
sea or rivers):
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There are two basic rules about boundaries on highways:
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We all know that boundary disputes can be particularly fraught. The value
of the land will usually be minimal compared to the emotions stirred.
From a practical point of view, practitioners need to remember their duty
to clearly advise the clients on the cost/benefit equation (ie the costs
may not justify the expense and aggravation).
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Hedgerow Regs 1997 make a distinction between ‘protected hedgerows’
and ‘important hedgerows’.
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In registered land, the boundaries on the filed plan are not necessarily
conclusive. This is because most filed plans are deemed to indicate the
‘general boundaries’ (s60 LRA 2002). Under the general boundaries
rule, in the absence of any rebutting information, various presumptions
are used to determine the extent of ownership:
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Be wary of using an OS map to define a boundary. As the CA has recently
made clear, OS plans offer ‘an uncertain guide as to the precise
boundary line’.
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The LR has power to alter the register to correct a boundary error, but
this can be refused if there are ‘exceptional circumstances’ that justify
not altering the boundary. A recent case illustrates how this can work. A
home owner had built a garage on a strip of land that was shown on his
filed plan as being included in his registered title.
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 Janet Keeley explains why solicitors are under a moral
obligation to warn clients of the pitfalls of boundary disputes
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 Richard Marshall reports on a recent boundary dispute where the
parties’ contentions regarding the location of the boundary were
rejected in favour of the court's own methodology.
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We all know that boundary disputes between neighbours can become
extremely emotional and bitter. All too often, a dispute over a relatively
small amount of land which, in itself, is of limited value can escalate out
of all proportion. If you are involved in such a case then note this clear
warning from the CA:
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 The assessment of damages on encroachment is about more
than just the square footage, reminds Joanne Chellingsworth
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 Immobilising a vehicle on private or public land without a
licence to do so is now unlawful. Gary Pickard gears up for the
new regime under the Private Security Act 2001.
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