Boundary Disputes Come in all shapes and sizes
With an increase in the value of land, a desire to preserve privacy and the ever present possibility of development, the need to establish precise boundaries has never been more important.
Boundary disputes can be costly and acrimonious, which is why it is important to try and establish the strength of your case at the outset.
Many property titles are registered and although the Land Registry plan will show a boundary, this does not determine what the boundary actually represents on the ground. An example would be a hedge – is the boundary at its middle or its edge?
There are various legal presumptions about boundaries, (such as: where there is a ditch and a bank the boundary is at the foot of the bank furthest from the ditch), but it is dangerous to rely on them. The safest starting point is the pre - Registration Deeds if they are available.
Sometimes the Deeds have measurements or ‘T’ marks indicating the boundaries and sometimes the conveyance itself contains a description of the land which can be useful, or makes reference to the Ordnance Survey maps of the area.
When facing a potential boundary dispute, as well as getting hold of the Deeds it is important to look at physical features on the ground and take photographs of them just in case they change or are altered by your neighbour.
Do as much historical research as you can, and if possible seek the previous owner's views on the boundary.
It is much better to avoid litigation where possible and seek to agree the boundary with your neighbour. But if this becomes impossible prompt Court action for a Declaration as to where the boundary is may well be necessary. If there is threat of imminent damage to the boundary it may also be necessary to obtain an injunction to stop any damage pending resolution of the problem.
In all such scenarios the services of a good solicitor and surveyor are vital.
Paul Keeling can be contacted at Stones Solicitors LLP on 01392 666777. More information is available by logging on at www.stones-solicitors.co.uk.
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