Boundary disputes

Boundary disputes

Expert determination of your boundaries

Land Registry records the general position of the boundaries in each registered title using an adapted large scale Ordnance Survey plan.  This title plan may not accurately represent the true ground positions of the boundaries. The Land Registration Act 2002 allows you under certain conditions to determine and record the exact line of your boundaries on a registered title, to avoid any future boundary dispute.

But what happens, for instance, if a neighbour complains a new wall is overlapping their land, or their new extension takes up part of a pathway between your houses?  A minor disagreement can quickly become a full-scale dispute involving solicitors’ letters and threats of court action. Even more damaging are the costs involved.  Ultimately, the cost of protecting your right to land in court could be 50 or 100 times as much, so it pays to think hard before rushing into legal action.

Accurately identifying the boundary between two properties often requires specialist knowledge.  The red line drawn around a property on the Land Registry plan only shows the general boundary.  It does not identify whether the boundary runs along the centre of a hedge or along one side of it. Ordnance Survey maps are equally unreliable because, as part of the mapping process, they do not mark exact property boundaries. So a line surrounding the property is not necessarily the property boundary.

The key to resolving a dispute speedily and successfully is to seek expert advice as soon as possible.

If you can settle the matter before going to court, or if the court defines a boundary line and writes an order, the Chartered Surveyor will mark out your boundary line.  They may supervise any fencing or building contractors to make sure there are no further arguments.

For more information and free advice contact us on 01202 237377 or email info@sutherlandsurveyors.co.uk.