Can you sell a house with a boundary dispute?

Can you sell a property with a boundary dispute? While you can legally sell a property which has a boundary dispute, you are required by law to disclose this information to any potential buyers. It is in your best interest to attempt to resolve any boundary disputes before attempting to sell your home.
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Do you have to declare problems with Neighbours when selling house UK?

Do you have to declare neighbour disputes when selling a house? You do have to declare both past and current neighbour disputes when you sell a property, or you risk legal action being taken against you by the buyer of your home.
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Is there a time limit on boundary disputes UK?

If all else fails, and you decide to take legal action about the boundary, please note that there is normally a strict time limit of 12 years within which action can be taken. This is a complex issue and specific advice should be sought from a solicitor.
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How do you solve boundary disputes?

How do I resolve a boundary dispute?
  1. Establish the boundary from the conveyancing documentation and title deeds. ...
  2. Look at the extrinsic evidence on the ground. ...
  3. It is then necessary to consider whether the boundary has been amended by the parties and/or previous owners.
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How do I win a boundary dispute UK?

How to win a boundary dispute
  1. Try to resolve the dispute amicably where possible. ...
  2. Make sure you obtain Legal Expense Insurance. ...
  3. Collect the evidence quickly. ...
  4. Find a decent expert - not just your local surveyor. ...
  5. That expert will need your title deeds. ...
  6. Speak to family, friends, previous owners and neighbours.
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Legal boundaries: Boundaries part 5



What is the 7 year boundary rule UK?

Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.
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Do I need a solicitor for a boundary dispute?

Boundary disputes can cause immense stress to residential homeowners – and resolving disputes over boundaries usually requires the services of a boundary dispute solicitor to trace the history of each property.
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How do you deal with a Neighbour dispute over boundaries?

If you know where the boundary is and you don't need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can - make a note of what you agreed. If you don't feel comfortable speaking to them, write to them or ask someone to contact them for you.
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Can my Neighbour build right to my boundary?

In general, your neighbour only has the right to build up to the boundary line (line of junction) between the two properties but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.
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How long before a boundary becomes legal?

This is a complex area and the law changed in 2003 but, in summary, if a neighbouring owner can prove the right sort of continuous and exclusive possession of the land for long enough (12 or 10 years depending upon the period in question) they may have acquired, or be entitled to acquire, title to the land, even if it ...
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Can my Neighbour remove boundary posts?

If they're on your land (assuming you own the land), he can't remove them. The position of the posts isn't necessarily definitive of where the boundary actually is.
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How close to my property line can I put a fence?

Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!
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Are boundary agreement legally binding?

There is no necessary formality to a boundary agreement. Such an agreement might come into being by way of a relaxed neighbourly chat. The agreement, once made, will be binding on successors in title. It has been repeatedly stated by judges that so-called “boundary agreements” are to be favoured in the law.
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Can disputed property be sold?

Yes, any disputed property can be sold and purchased without any problem, unless there is a court case and the Hon'ble Court has passed a stay order/injunction order, prohibiting the creation of third-party interest or sale.
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How common are Neighbour disputes?

Neighbour and boundary disputes can be stressful and challenging, however, an extremely common occurrence. Any dispute relating to the personal home needs to be dealt with rationally, especially when tensions between neighbours are high or there is a risk of violence.
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Do you have to tell house buyers about noisy Neighbours?

Do I have to disclose noisy neighbours when selling a house? Yes, afraid so. It's a legal requirement for you to disclose noisy neighbours or details of any other disputes when selling a house.
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Do title deeds show boundaries?

Boundary responsibility is always mentioned in the Deeds and if it is not then they are party boundaries. Often boundaries are not marked out in terms of precise measurements. The Land Registry Title Plans are always to scale. However, you cannot rely upon this as an accurate measurement to determine the boundaries.
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What is the 45 degree rule?

THE 45 DEGREE-CODE (Non-Terraced Property) To comply with the 45 degree code, First Floor extensions shall be designed so as not to cross the 45 degree line from an adjoining neighbour's nearest window which lights a habitable room or kitchen.
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Can my Neighbour build against my house?

The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour's consent.
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Who decides boundary disputes?

A Judge will view the trying of a boundary dispute as an exercise in resolving a civil dispute between neighbouring landowners who are incapable of resolving the dispute themselves and who have tried and failed to resolve the dispute by means of one or more of the methods outlined above.
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Can boundary lines be changed?

Boundary lines can change over time and these changes are rarely recorded. It is believed that the way a boundary is constructed dictates who owns the land.
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Can a Neighbour take down a boundary fence?

Paula Higgins, chief executive of HomeOwners Alliance, told The Sun: "If you own the fence and it is on your property, neighbours have no right to take it down even if they have been granted planning permission. "You should also check whether there needs to be a Party Wall Agreement in place."
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Is legal aid available for boundary disputes?

Legal Aid is not available for the following types of cases: 1. Neighbour and boundary disputes, (unless connected to some other housing issue). 2.
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What constitutes a boundary dispute?

Boundary disputes usually arise when one person asserts ownership over a piece of land, which is owned by their neighbour. A common example would be if one neighbour moves their fence towards their neighbours' property, annexing the neighbour's land to theirs - this would give rise to a boundary dispute.
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How much does a boundary survey cost UK?

The cost of a topographical land survey is based on the size of your land and how long the survey takes. This can cost between £400 and £1000 per day.
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