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Accurately identifying the boundary
Dealing with disputes
What should you do?
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.
A chartered land surveyor will not only survey the land, check deeds and the plans attached to them, but will refer to historical documents and aerial photographs. A boundary can change over time for many reasons: a diverted water course, or a wooden fence that moves slightly every time it is replaced. The reason for such changes is rarely recorded and can lead to disputes, especially if the owner has lost the right to move the boundary line back to its original position.
The key to resolving a dispute speedily and successfully is to employ an expert as soon as possible. Each side can use an independent expert to work out where the boundary lies and write a report. This often resolves the dispute quickly and simply.
Before you ask an expert to work on your behalf, check the following:
If you can settle the matter before going to court, or if the court defines a boundary line and writes an order, the chartered land surveyor will mark out your boundary line. They may supervise any fencing or building contractors to make sure there are no further arguments.
Ensure they prepare a new plan, to the required specification, showing the agreed boundary line for submission to the the Land Registry as a determined boundary.
Get a specialist to look at all aspects of the problem and advise on whether or not you have a case. Chartered surveyors specialising in boundaries are professional advisors with relevant knowledge of both property issues and the law. They will look at the problem, prepare any technical data that may help solve the dispute at an early stage and, if necessary, provide a court with the appropriate advice and information needed to make a judgement.
They will also advise on alternative dispute resolution procedures, which would avoid the need to go to court.
Royal Institute of Chartered Surveyors (RICS) Boundary disputes helpline 0870 333 1600
The helpline will put you in touch with an experienced, local RICS member who will provide you with up to 30 minutes free advice.
Using the services of Image Finance Ltd offers real peace of mind because:
Further information
Image Finance Ltd has a range of free property guides including:
For a full list please go to Image Finance Ltd FAQ’s