In an ideal world, we would all live harmoniously with our neighbours. But that isn't always the case - disputes can, and do, happen, which lead to disagreements between neighbours. One of the more common causes of these disagreements is boundary disputes. In Other words, arguing about exactly Where one person’s property ends and others begins. When this happens, it can be difficult to figure out how to move forward.
Why Do Boundary Disputes Happen?
There are a number of reasons why boundary disputes happen, but they are often started by the same thing. One party wants/needs to do work on their property, and the neighbour objects to it happening. Some of the most common ISSUES we see Include:
Objections to plans for outbuildings
Problems with putting up fences or walls between the properties
Disagreements over whose responsibility boundary maintenance is
One party feels a tree or hedge is encroaching on their property
Most of these disputes could be quickly and easily solved by knowing who owns the land. You do this by looking at two documents-the Land Registry title plan and the deeds.
What Will The Paperwork Show?
The Land Registry title plan is the document that describes the general physical boundaries of your property. This will usually be drawn out on a map, and is designed to give an overall view of the property size and rough boundaries. The next document you need is the deeds to the property. You should have received these when you bought the property, and they will provide you with the legal parameters of the property. Sometimes though, this doesn't clear anything up! The exact layout and extent of property boundaries are surprisingly complex, so often the boundaries won't be clearly mapped out.
Can I Prevent Boundary Disputes?
Of course, boundary disputes don’t just happen between existing neighbours. They can happen when you're moving into a new property too. The good news is, there are some things you can do to prevent them here:
Check the fled title plan that your conveyancers send you carefully. Make sure that the boundaries on the ground match the legal title. If there are any discrepancies, raise it either with your conveyancer or solicitor to make sure there is a plan, or that boundary issues are dealt with before the purchase becomes legally binding.
Make sure your conveyancer advises you on what the actual legal title deeds say about the boundary position and whose responsibility maintenance and repair is.
If there is any confusion after this, you can contact the Land Registry or Valuer directly to have a boundary survey done. There will be a charge for this, but it can often clear up particularly complex boundary issues.
How Do I Resolve A Boundary Dispute?
If you find yourself in the middle of a boundary dispute it can be incredibly stressful. The important thing to remember is avoid rushing into legal proceedings. They are a useful last resort, but you should always try to resolve the issue yourself first.
Start by talking to your neighbour getting their point of view. Emotions can run high during boundary disputes, but you would be surprised how effective informal negotiations can be. If your neighbour is a tenant, you might need to talk directly to the landlord instead. If talking doesn't resolve the issue, then you will want to seek professional advice and guidance through the next steps. You can ask questions of your conveyancer, but to get a speedy resolution we always recommend speaking to a solicitor.
At Hudson Conveyancing our services are designed to be thorough and accessible. When you’re using us for a house purchase we will exhaust, all avenues to collect all available information on the property boundaries, and are always happy to sit with you to go through it all. If you'd like to know more about property boundaries, just get in touch with the team today.
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