How do you deal with boundary issues?

How do you handle boundary disputes?

What causes boundary disputes?

Many root causes of boundary disputes exist, including natural or manmade changes in land features or formations, conflicting legal descriptions in the deeds to adjoining properties, contradictory or confusing language within the same deed, inconsistent or inaccurate surveys, mistakes in official plats, or other human ...

How do I know what boundaries I am responsible for?

To determine who is responsible for the boundaries the first place that you need to look is the Title Register or if the property is not registered you will need to check the Title Deeds. These will often set out which boundaries specifically you are required to maintain.

What is boundary dispute?

(ˈbaʊndərɪ ˈdɪspjuːt ) noun. dispute between neighbours about the boundary between their properties.

Boundary Issues, By Property Litigation Partner Claire-Elaine Arthurs

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.

What are the four types of boundary disputes?

Who owns house boundaries?

The truth is, there is no general rule as to which boundaries that a property owns. It is entirely possible that your property is only responsible for the maintenance of the left boundary but it is equally possible that you are responsible for maintaining all of the boundaries to the property.

How long before a boundary becomes legal?

After 10 years, the trespassing neighbour may apply to the Land Registry, however, the current owner will be given a chance to object via a counter notice. If the owner does not file a counter notice then the trespassing neighbour may be registered as the owner of the land.

Who is responsible for maintaining a boundary?

The legal position is that a property owner is only obligated to maintain boundary structures where there is a covenant in the deeds to this effect. Importantly, this means that the title documents for your property will only tell you whether you are responsible for any of your boundary structures.

Can I sell my house if there is a boundary dispute?

The short answer is yes. Declaring neighbour disputes is a legal requirement when selling a house. If you fail to declare neighbour disputes when selling your house, you buyer could accuse you of mis-selling your property and take legal action against you.

Can a Neighbour claim my land?

any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

How are boundaries marked on deeds?

Physical boundaries are identified on the ground and on maps and deeds by using physical features such as fences, walls, ditches, rivers, hedges, etc. Unlike a hypothetical line such features, in actuality, have thickness.

Are boundary disputes common?

Boundary disputes are common-place and arise in relation to commercial, residential and agricultural land. As boundary dispute solicitors we are often involved in boundary wall disputes, or with issues relating to boundary fence ownership.

How do you handle property encroachment?

Can my Neighbour build right to my boundary?

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.

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!

Is a fence a legal boundary?

A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground.

Who owns the fence between two houses?

When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.

Which boundaries do I own?

There is in fact no general law or rule about which boundary you own. The vendor who originally owned the land and separated it into plots/houses should have assigned responsibility for the boundaries and may have confirmed this in a document known as a Transfer Deed or Conveyance.

Can my Neighbour knock down a boundary wall?

If it has been built on your neighbour's land, don't panic. If the wall has been in the same place for more than 20 years without legal challenge, you have probably taken ownership of the land on which the wall is built, the land up to the wall as well). In that case, your neighbour can't knock it down.

What is an example of a boundary dispute?

It is not uncommon for a boundary dispute to form part of a larger claim. For example, someone may argue their home is being damaged or their rights interfered with because of tree branches or roots encroaching upon their land.

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.

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.

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.