There’s a
good chance that the majority of homeowners or renters have several close
neighbours and this is something that can’t really be avoided, unless you live
in a large house right out in the countryside. Luckily, most people find that
can peacefully coexist with their neighbours without any issues, but there are
times when you may disagree about your neighbouring properties.
One of the
most common arguments that can arise between neighbours is known as a boundary
dispute, and the process of resolving it can be lengthy and expensive if you’re
unable to come to an agreement. While boundary disputes can be stressful and
time-consuming, it doesn’t have to be this way and there are many steps you can
take to try and resolve the issue calmly and fairly. If you’d like to know more
about what a boundary dispute is, how to come to an agreement and the steps you
can take if the issue isn’t resolved, see our handy guide below.
What is a boundary dispute?
A boundary
dispute can arise when owners or occupiers of neighbouring properties can’t
come to an agreement about where the boundary of each property begins and ends.
Common situations that can spark a dispute include the erection of a fence,
wall or building in an area which highlights the neighbours’ differing opinions
of where the boundary lies.
For example,
one party could erect a fence on an area of land believed by the other party to
belong to them, or they may simply not be happy with how the new fence or
building looks if it’s in their line of sight. To ‘win’ a boundary dispute you
first need to establish where the boundary lines of your property lie and
attempt to work with your neighbour towards a resolution; we will discuss this
in more detail further on.
How do I identify the boundary lines of my property?
If you need
to know where the boundary lines of your property lie, the first thing most
people do is take a look at the land registry deeds. If you don’t have existing
copies, you can request a copy using the HM Land Registry form on the UK
government’s website here. These documents can provide current
and past information about a registered property, including previous owners and
your rights over shared land.
The deeds
can give you a good idea of where boundary lines are but bear in mind that
these can change depending on whether the previous owners had an agreement not
laid out in the plans, or if one property owns land due to adverse possession.
This is the case if one owner or the other has been occupying the land to the
exclusion of all others for a period of 10 years, although since 2003 it has
been far more difficult to claim land due on the grounds of adverse possession.
How can I resolve a boundary dispute?
In an ideal
world, everyone would be able to come to an agreement with their neighbours so
that any potential disputes can be avoided altogether. In most cases, all it
takes is an informal discussion with your neighbour or neighbours to let them
know about any building work you have planned, but there are cases where you
won’t see eye to eye. There are also other steps you can take to ensure
everything is legal and fair, so read on to find out how you can prevent and
resolve any boundary disputes.
Make a boundary agreement with your neighbour
As
mentioned, in most cases you can come to an agreement with your neighbour
simply by having an informal discussion. If you want to make the agreement
official, you can work together to draw one up, but you will need to seek legal
advice if you want it to be legally binding. A boundary agreement records where
the boundary line between properties lies and who is responsible for the
maintenance of any hedges, walls, fence or trees between the two properties.
An agreement
must include your name and address, the name and address of your neighbour, the
date the agreement begins and where the boundary line lies (this can be in the
form of a written description, Ordnance Survey map or map you’ve drawn
yourself). You’ll also need to record your boundary agreement by filling out a
form to change the land register and send a cheque for £40, payable to ‘HMLR’
or ‘HM Land Registry’.
Know the law
It’s
important to have a basic knowledge of planning permission rules and regulations
before you commence any building work as this can save you a lot of money and
time further down the line if a disagreement arises. The Party Wall Act 1996
rules that anyone planning to carry out certain work on a party wall is
required to obtain the agreement of the other person to whom the wall belongs.
This means that you’ll need to obtain written agreement from your neighbour if
you intend to:
●Knock down and rebuild a party wall;
●Cut into a party wall so that it can
hold up a beam;
●Increase the height of a party wall,
or remove anything on it which might prevent this;
●Strengthen the foundation beneath a
party wall or part of one;
●Place a damp-proof course layer
within a party wall;
●Cut a flashing into a building
adjoining a party wall.
You must
give a party wall notice to your neighbour between 2 months and a year before
you plan to start building works and if you do not have the agreement of your
neighbour then you’ll need formal permission (known as a party wall award) from
a party wall surveyor.
Contact
a chartered surveyor
Hiring a
chartered surveyor or experienced party wall consultant is often the quickest
and easiest way to resolve any disputes you may have. You can hire a party wall
surveyor to work for you personally or to work on behalf of you and your
neighbour. Hiring a surveyor means that you have a third party to explain any
legal aspects of the situation and help mediate and resolve disputes in a calm
and practical way.
There are
many benefits to hiring a party wall surveyor, including fewer delays to your
proposed work. Coming to an earlier agreement also means you can avoid a costly
and time-consuming court case if the dispute escalates and you cannot come to
an agreement between neighbours. A building surveyor can also assist you with
other boundary issues, such as reviewing land deeds on your behalf and
measuring any shared land using specialist equipment.
Keep communication open
Calm, open
communication is essential if you want to resolve a boundary dispute in the
quickest and easiest way possible. As mentioned above, familiarise yourself
with the laws surrounding party wall agreements and be open and honest about
any proposed work before you go ahead. Talking to your neighbour first can
usually result in you reaching an agreement which suits everyone, but if you
simply go ahead and place a wall or fence on shared land, this could cause far
more issues down the line.
If you’re
unable to reach an agreement between you, or with the help of a surveyor, then
the issue may need to go to court. If possible, this should always be your last
resort, as a court case can be extremely draining on both your finances and
your time.
If you’re in
the middle of a boundary dispute and need professional help and advice, get in
touch with the expert team at Simon Levy. Our chartered building surveyors,
land surveyors and party wall consultants have all the skills and expertise you
need to help resolve boundary disputes quickly and effectively. We’re also
proud to provide a range of further building services, including residential or
commercial property surveys, expert witnesses, domestic building works and
more.
If you’re thinking, ‘where can I find a surveyor
near me’ and want to arrange an appointment or find out more about any of our
services on offer, don’t hesitate to give us a call on 020 0207 6100, or
visit our website.
