Is it Worth Pursuing a Boundary Dispute?
With land in the UK becoming more valuable, and many homes built in close quarters, it’s no wonder boundary disputes often arise. People are protective of their homes, and when you feel like a neighbour has encroached on your land, you will no doubt want to get the dispute sorted. While many cases can be solved simply, it’s important to have surveying carried out so that you have something official and can avoid further problems down the line. However, many people wonder whether they should pursue a boundary dispute, so here are a few things to think about.
Where are your property’s boundaries?
Many property boundary issues arise because, in England, there’s rarely an official record of the exact boundaries of each property, nor who owns hedges, fences or other dividers. Your title plan can give you a vague idea, but people try to work out for themselves where they think their boundaries should be.
Recording a boundary
If your property doesn’t have recorded boundaries, and you’re concerned about disputes, for example with future neighbours, you can apply to have them recorded. Making a boundary agreement with your neighbour is usually the easiest option, and a surveyor can work with both of you to help you reach an agreement on where the boundaries lie and who is responsible for the maintenance of fences, trees, hedges etc.
Keeping things informal and amicable is often the best way to deal with disputes, so if there’s a little bit of give and take, you can often resolve things much more quickly and easily.
Apply for a determined boundary
If you want to have the exact boundary between you and your neighbour recorded, then you can apply for a determined boundary through HM Land Registry. To do this, you’ll need to get a land surveyor to make a plan showing the determined boundary, with evidence to support your claim such as:
·Certified copies of your deeds
·A written statement
·A report written by an expert
·Any other relevant evidence
In some cases, your neighbour may not agree with your proposal, and this is where things can get complicated. It can mean going to a tribunal so that both sides can put their case forward, and the court will either rule on the exact boundary or decide not to set it. That’s why it’s important to get as much evidence together as possible before you send your documents away, as this can save time and money in the long term.
Correcting mistakes
In some cases, people may look up their title plan through the HM Land Registry and notice a boundary mistake. Whether you get a correction is up to you, there may well be a reason why you want to get this rectified, for example, if you want to sell your home and think it’ll cause confusion. A surveyor will be able to give advice on the best way to proceed, and what evidence you’ll need to submit to get a correction.
If you have a boundary dispute, whether it’s to do with land, a party wall, or something else, contact Simon Levy on 020 8207 6100 or e-mail info@simonlevy.net and we’ll get back to you.
