NASA wants to send humans back to the Moon and China says it will send humans to the Moon by 2030. And instead of fleeting visits, the plan is to build permanent bases.

But, in an age of renewed great-power politics, this new space race could lead to tensions on Earth being exported to the lunar surface. 

A UN agreement from 1967 says no nation can own the moon. Instead, the fantastically named Outer Space Treaty says it belongs to everyone, and that any exploration has to be carried out for the benefit of all humankind and in the interests of all nations.

It is also true that private enterprise for exploiting the moon is on the increase, and Sa’id Mosteshar, director of the London Institute of Space Policy and Law, says any company needs to be authorised to go into space by a state, which will be limited by the international treaties. 

Pictured: "A 1967 UN agreement says no nation can own the moon."

While discussions on who can own what in respect of the moon continue, such ownership disagreements happen much closer to home and often result in legal proceedings before the Royal Court.  

In respect of boundary disputes or encroachments my advice always is to regularise any issues straight away rather than doing nothing. 

It often occurs that landowners have parts of their property encroaching upon a neighbour’s. This can be as trivial as a gutter overhanging a boundary or more substantial like a shed or fence on someone else’s land. 

And, in many cases both owners get along perfectly well and are content with the status quo to remain. However, that situation continuing is dependent on two uncontrollable events: a fallout with the neighbour or a change of neighbour to a less amiable one.  

What should you do then to regularise the position? The best solution, and the only reliable one, is to pass a "contract of arrangement" before the Royal Court. 

This is a contract which redefines the original contracts of purchase and confirms that the encroachment can remain. While you will have to incur legal fees for your representation and generally also pick up the bill for the neighbour’s legal costs it is a total solution and a solid one.

 A written agreement between you and the neighbour is not enough. While you may be able to put in place some agreement where the neighbour agrees not to assert his or her legal rights that is the furthest it can go and even if it did operate as you wish it won’t bind another person who comes to own the land subsequently.  

Pictured: "A written agreement between you and the neighbour is not enough."

Some complications are less obvious and lie hidden underground. 

The ownership of land is said to mean that you own everything below and above your land but that is an exaggeration because there is airspace which you don’t control (and it would mean you do own part of the moon occasionally) and eventually under your land you are going to meet someone else’s. 

But, simplistically, neighbouring properties do not have rights to run pipes or other services under neighbouring land unless they have a specific legal right to do so recorded in the deeds of their purchase. 

Again, if your deeds do not give you the rights that you need then you really should be thinking about getting the matter resolved in the same way I have explained above.  

But, what if there is disagreement between you and a neighbour about a boundary, where your land stops and the neighbour’s starts? As always, my advice is to try and resolve the matter without adversarial recourse to the courts, but that does not mean without legal recourse. 

I often advise clients to approach a neighbour on a friendly footing and suggest each instructs a lawyer to help them sort out the issue. 

Often, that is all that is necessary and will probably result in a contract being passed before the court in the same way I have explained. 

If it can’t bring an end to the disagreement, then there are procedures by which the Royal Court can determine boundaries for you but this really should be a last resort as it is expensive and time consuming.  

Pictured: Court proceedings "should be a last resort as it is expensive and time consuming".

Although I am primarily a litigation lawyer and so end up arguing in court much of the time, my advice to clients is always to try and settle disputes rather than to blindly march into court determined for battle.

The same advice applies to land disputes. However, there is another particular reason why you should, as far as possible, try and prevent disputes arising with neighbours: the impact on your ability to sell your property. 

In the past you were not obliged to disclose disagreements or disputes with neighbours to a potential purchaser but now this is an enquiry made by a purchaser’s lawyer and you need to disclose it.  

Depending on the severity or the complexity of the dispute it may well mean that potential purchasers run a mile when they learn of disagreement. 

From my experience of neighbourhood disputes, I personally would not buy a property with the risk of residing next to the neighbour from hell and I would strongly advise my clients the same and instead look elsewhere to buy.  

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This article first appeared in Connect Magazine which you can read in full below...