Posted: 15/06/22 by Robinson & Hall LLP
Boundary disputes are on the rise. They can be costly, traumatic and time consuming to resolve so Robinson & Hall thought they would provide some tips and advice to help you understand the basics and avoid potential pitfalls when dealing with them.
1. When buying a property, ask your solicitor for an official copy of the current title plan so you can clearly assess the boundary.
2. Compare this title plan to the property itself and flag up any differences with the seller prior to exchange of contracts.
3. Talk to your neighbours to establish who is responsible for maintaining the boundaries. This will help you avoid problems in the future.
4. You should never change a boundary feature without your neighbour’s knowledge or while they are away.
Disputes occur when boundaries have changed over time but not been recorded, boundary structures are replaced without consulting neighbours or when a neighbour tries to build right up to a boundary. If you are looking to build up to the boundary line then we can help. Refer to our article ‘Understanding the Party Wall etc Act 1996’ found here.
What to do if a boundary dispute arises?
The key to resolving a dispute quickly and successfully is to seek professional advice as soon as possible. We are Chartered Building Surveyors regulated by the Royal Institute of Chartered Surveyors and are experts in providing advice on boundary disputes.
Our services include checking the title plans, reconciling current plans with historical documents and photographs and surveying the site. We always advocate good communication between neighbours and try and resolve disputes swiftly and amicably.
- We can accurately survey the features at the property using modern GPS technology.
- We can reconcile current and historic title deeds and any relevant evidence.
- If matters escalate, we can also prepare an expert report to comply with Part 35 of the Civil Procedure Rules.
- We prepare Land Registry compliant plans which accurately identify all the features that currently exist around the property.
Please also refer to our previous article about ‘Why use our service to produce Land Registry compliant transfer plans?’ found here.
If you are struggling to locate your title plan, are unsure where your boundaries are or are worried a boundary dispute could arise then please contact Robert Franklin, Head of Architecture & Building Surveying at Robinson & Hall on 01234 362917 or email firstname.lastname@example.org