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Boundary Disputes

Boundary Disputes arise when two different parties, usually property owners, have a disagreement on the location, width, ownership or maintenance liabilities of the boundary line.

Boundaries are generally set by determining features such as a fence, wall, hedge, driveway, tree, post or even a stone marker.

Over the years of the property ownership and various different occupants, the boundaries can often be moved, diverted, adjusted and even overgrown.

While the legal boundary line will always be indicated on the Land Registry Title Plan, often these will be to a very high scale, usually 1 to 1,250.

In practice, this means that when a Surveyor attempts to determine the boundary the boundary line using Land Registry Title Plan scale, there can be as much as a one metre wide uncertainty as to where the true boundary line lies.

What Can I do if I find myself in a Boundary Dispute?

The first point to remember is that this isn’t an uncommon position, nor an untested position to be in.

Boundary disputes have been present for as long as there have been boundary lines and as such there are a number of tried and tested methods to resolve the dispute.

Here at Berry Lodge Surveyors, we would first recommend approaching the counterpart to the boundary dispute directly. At this stage it is important to gain a clear understanding of their position on the location, maintenance or position of the boundary.

Once the basis of the boundary dispute has been established you can then proceed to having the dispute resolved.

How to have the Dispute Resolved:

1

Boundary Agreement

A Boundary Agreement involves the parties to the dispute agreeing and resolving the issue, either amongst themselves or via Surveyor involvement.

Once the Boundary Agreement is reached and both respective parties are in agreement to the terms of the Agreement, it will then be registered with the Land Registry to ensure there is never any future dispute for the current or future owners.

2

Court Determination

In the event that the parties to the dispute are unable to resolve matters and the boundary dispute remains outstanding, the parties can proceed to court to have the matter heard in front of a judge.

The outcome of the court procedures will be a court order which determines the location, ownership and maintenance liabilities of the boundary.

How we can help?

Our aim is to ensure that the Boundary Dispute is resolved in the most time and cost effective way possible, while also taking account the future neighbourly relationship between the parties.

Our experienced and qualified Surveyors will undertake a site inspection, undertake extensive research and provide you with a thorough report which sets out our view on the boundary dispute. This report can be prepared on behalf of one of the parties, or on behalf of both parties to the boundary dispute.

Within our reports we always set out our findings in a clear and concise manner and ensure that the outcome is fully explained.

If parties are in agreement to the report’s findings we will then prepare a Boundary Agreement which will be signed by both respective parties to the dispute.

Once signed this Boundary Agreement is then provided to the Land Registry along with a sensibly scaled drawing which will determine the exact positon of the boundary line and the maintenance liabilities. Once the Land Registry have the information to hand, the legal change to the registers will take place and we will provide you with updated copies of the property deeds to keep on file.

Our Approach

We understand that a neighbourly disagreement can quickly become both an emotional, time and cost intensive dispute.

We therefore always ensure that we do the very best we can to ensure that our clients reach an agreed outcome in the best possible manner.

Here at Berry Lodge, while we are Chartered Surveyors by trade, we are also RICS Accredited Mediators and members of the Chartered Institute of Arbitrators. This professional background and experience has proved to be invaluable on countless occasions and have successfully contributed to a number of resolved boundary disputes over the years.

 

The Boundary Agreement Process:

Pre Inspection Investigation

Before visiting site our Surveying team will have undertaken extensive research to ensure that when we undertake our inspection we are fully informed on any pertinent to the dispute. Whether this be historic planning records, land registry documentation or ordinance survey maps, we will have the facts to hand.

Party Wall Award Appeal
Surveyor Site Inspection

During the inspection our Surveyor will fully inspect the site and will be able to establish the existence of fences, walls, hedges, trees, posts or even stone markers. We will also undertake comprehensive measurements and a photographic record to ensure we are fully informed on the lay of the land.

Party Wall Notice
Surveyor's Report & Determination

Having now had the opportunity to undertake both pre-site investigation and thorough site inspection, the Surveyor will compile a comprehensive report that will give a clear and impartial view on the boundary issue, while also provided a plan which can be logged with the Land Registry thereby avoiding future dispute.

Boundary Agreement Fixed Costs:

Here at Berry Lodge Surveyors we believe Surveying costs should be transparent, fixed and never include any hidden extras.

All of our Boundary Agreements are set at fixed a cost and include the inspection, report, discussion and recommendations once the report is complete and in the hands of our clients.

Our Boundary Agreement costs include all Land Registry costs and scaled drawings costs.

Our Boundary Agreements costs start at £500 + VAT per party.

 

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