Residential Property: Boundaries and boundary disputes

When you purchase a property the last thing you want to inherit is a boundary dispute. This is why it is so important for you to check any plan you receive very carefully to make sure it accurately reflects the property you believe you are buying.

As solicitors we do not physically inspect the property but rely upon our you/your surveyor to draw to our attention any discrepancies. You should investigate the precise boundaries of properties carefully, in particular where there is some obvious inconsistency between the physical aspects of the land and the wording of, or plan in, a document.

If a dispute arises between neighbours about the boundary between their properties the legal documents will be looked at to determine boundary ownership. However, the boundaries between properties can differ from those described in the title documents or lease. The most common are where they have been changed by agreement or by encroachment (occupation without permission).

Sometimes where the deeds seem clear, on closer examination there may be uncertainties. If you think that the boundaries are not defined in the title document or lease, or that the boundaries have been changed by agreement or encroachment, you will probably need to get legal advice from a solicitor and/or a surveyor.

Even where the boundary appears clearly defined on the Land Registry title plan, the red edging on that plan is ‘indicative only’ and as Land Registry plans are described as accurate ‘to within a metre either side’, there is substantial room for disagreement.

Boundary disputes can be costly and time consuming and generally create a lot of unhappiness and mistrust for all parties involved. They can quite often escalate beyond all proportion to the original dispute. Any disputes would need to be disclosed to any future buyer of the property and this could impact upon the value of your home. Often it can far better in terms of time and expense to reach a compromise, however this should not be attempted without an opinion from a solicitor and surveyor as to the likely true position should the matter reach the Courts.

There are of course steps you can take to make disputes far less likely, or prevent them escalating. Thoroughly check any plans and flag up any issues to both your solicitor and the surveyor and deal with any encroaching fences with your neighbours at the point when the footings are going in, rather than when the fence is already erected and has been standing for six years or more!

Kiteleys’ property team can help you by reporting on any likely disputes at the time of purchase and our dispute resolution team can give advice to homeowners on progressing a claim in court if matters cannot be resolved amicably with your neighbour.