Boundary disputes can be complicated and challenging to navigate, especially when dealing with lengthy and complex legal documents like land registry title plans and deeds. Understanding how boundaries are defined and how disputes are resolved, can save you time, money, and potential legal complications.
What is a boundary dispute?
A boundary disputes occurs when there is a disagreement over the exact location of the line which divides two neighbouring properties. These disputes can arise due to various issues, such as fencing, wall placement, hedges or even building extensions. It is important to note that boundary disputes may not only involve the physical boundary but can also involve legal rights, easements and responsibilities that impact both parties.
The importance of Land Registry title plans
The Land Registry title plan is an official document used to identify and map boundary lines. These plans are available for all registered properties in England and Wales and are often used as a starting point when a boundary dispute arises to help determine the extent of the landowner’s rights. Understanding the contents of a title plan is essential in resolving these disputes.
However, it’s important to understand that Land Registry title plans show boundaries in a general manner and do not pinpoint the exact location of a boundary.
A legal boundary can be an invisible line, that separates one’s property from another. It exists in theory and on paper but sometimes is not marked with exact precision. An abstract line can make it rather difficult to establish where the boundary lies. In contrast, a physical boundary is a tangible marker such as a wall, hedge or fence that has hopefully been erected along the boundary line. However, over time these physical markers can shift or degrade, making it even harder to pinpoint the exact location of the boundary. The natural movement of these physical features, due to weather or other natural factors, further complicate determining the precise boundary on the ground.
How to resolve a boundary dispute?
Resolving boundary disputes requires a clear understanding of the Land Registry title plans and the concept of general boundaries rules as well as their limitations.
The first step in resolving a boundary dispute is to find the ‘root conveyance’, this is the document that originally set the boundary. Sometimes there is a copy at the Land Registry. Every home owner should have an original set of documents or deeds and the conveyance should be with those documents. The next step would be to instruct a surveyor to plot the physical features and the root conveyance plan. An expert surveyor can provide an accurate boundary measurement, by inspecting physical markers such as fences, hedges and building extensions which can clarify the boundary. Once the boundary line has been established, it is important to attempt to resolve the dispute amicably with your neighbour before escalating to legal action. Boundary disputes can be costly, time-consuming and extremely stressful. If an amicable resolution is not possible, seeking legal advice at an early juncture is essential. A specialist solicitor can help you to understand the boundary and your legal options.
Our team of specialist solicitors can assist you in instructing an expert to determine the precise location of the boundary by considering not only the Land Registry title plans but all relevant deeds, historical records and markers on the ground. Once the expert report is obtained, we will work with you to use it in resolving the dispute amicably.
If you find yourself in a boundary dispute where you cannot reach an amicable resolution, then we may be able to help. Call us on 0161 696 6178 to speak to our specialist solicitors today.
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