They often spend a lot of money to have the courts.Pull the string tight again and cut the next bush down, so on and so forth. Unfortunately, this can lead to any underlying disagreements with our neighbours springing to the fore.The location of the boundary lines between adjacent properties can be a contentious issue for landowners. In most cases the property line will be the straight line between the property corners the only exception being when the boundary line is actually a curve, which usually With a lot of us spending more time in our homes and gardens, more and more of us are taking the time to embark on outdoor DIY projects and renovations, or simply enjoy our outside space. Upon request of the property owner, the surveyor will mark the corners with survey stakes and/or other markers so that the corners can be easily located by the owner, contractor, or whomever has a need to know where the property lines are.
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It would be sensible to obtain the title documents for your neighbour’s property too this information is publicly available and may contain more information than your own provides. If you do not have these to hand and your property is registered at HM Land Registry, they will be available to download for a small fee. The first place you should look is at your property title documents. Before you enter into any litigation with your neighbour, you need to be confident that you know where your boundaries lie.This isn’t as simple as it sounds. To get an accurate determination of property lines that will stand up to legal scrutiny, you’ll need to hire a professional surveyor.A land survey is performed for the purpose of determining boundaries and corners of a parcel of land through: Research & Analysis Locating Describing.Boundary disputes can be expensive and time consuming. How to Legally Determine Property Lines Hire a Licensed Land Surveyor.
Can I always rely on the boundary location defined in my deeds?Whilst the deeds provide a starting position to determine your boundary, you do need to bear in mind that it is possible for boundaries to be altered. This may prevent you from being able to clearly determine the location of your boundary.It is helpful in this instance to obtain any other supporting evidence of the boundaries, such as historical photographs of your property, or consider any physical features on the ground. What if the deeds are unclear or unavailable?Unfortunately given the likely historical nature of the deeds you will be considering, they are often of a poor quality or may even be lost or damaged. The hope is that this document will contain a well-drawn and scaled plan which clearly determines the location of the boundary itself. You should look out for a document which transfers each piece of land (both your own and your neighbour’s) and creates the boundary in question.
Surveyors will use the title deeds available, along with any historical images of the property and physical features on the ground, to determine the boundary.You should agree with your neighbour to be bound by the decision of the surveyor, and consider recording this in a boundary agreement if necessary to avoid future disputes.Alternatively, you could consider applying to HM Land Registry to determine the boundary and record the outcome on your respective titles. What can I do if my neighbour disagrees with the location of the boundary?If you are unable to determine the location of your boundary definitively, or if your neighbour disagrees with your findings, you and your neighbour may wish to consider the joint appointment of a surveyor to determine the boundary for you, at a shared cost. It has become more difficult to adversely possess land further to legislation introduced in 2003, and adverse possession is a very complex area of law, so we would always advise that you take legal advice prior to making any such claim in a dispute with your neighbour. However, do bear in mind that some boundary agreements made informally and their existence therefore may not be apparent from the title documents.Boundaries can be legally changed by a person adversely possessing land through occupying it exclusively for an extensive period of time. It is therefore useful to check your title documents, as well as any information you were provided with at the time you bought your property, for any mention of a boundary agreement.
Bridgewater, Partner Rushfirth, Solicitor Chambers, Solicitor us on 01562 820181. dealing with a boundary dispute which has reached the Court or Land Tribunal.Should you require our assistance, please do not hesitate to get in touch with one of our team to discuss.Harjie Bindra, Head of Civil Litigation, Partner. negotiating with your neighbour to reach a practical and sensible agreement about the location of your boundary or advising on whether adverse possession may apply investigating your title documents to assist with determining your boundary You should be aware that the costs involved in boundary disputes can easily become disproportionate, so you should explore all other options available to you to resolve any dispute before embarking on this process.If required, our experienced and pragmatic Property Litigation team can assist you with:
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