Party Wall Matters and Boundary Disputes
Boundary disputes can prove frustrating and emotionally draining. Although rare, such occurrences can cause major stress for all involved. AW Surveyors are here to help.
If, during a construction project, any excavations are to take place within 3-6 metres of an adjoining property then compliance with The Party Wall Act 1996 is required. As Surveyors we can assist with preparation of documents and act on your behalf should any Party Wall work be required for the neighbouring property.
A disputed boundary is a problem waiting to be solved. It impacts either side of the argument and heavily impacts the relationship between neighbours. Instead of fighting over the position of the boundary, AW Surveyors provides the solution to the problem to get the matter resolved.
As Chartered Surveyors we can offer expert advice on historic boundaries and logical boundary positions. In the event of a boundary dispute arising between two neighbouring properties we can act for one side to produce a formal boundary report for legal purposes or alternatively act as mediators to agree a boundary position.
Below we answer some of the key questions associated with Boundary Disputes and Party Wall Matters:
What is a Boundary Dispute?
Determining the certainty of a property boundary line is something that can be both complex and frustrating, often leading to conflict and potential boundary disputes between neighbours. This is because boundary lines are not always clear and it is also possible that over time, boundary lines can change and move.
Boundary disputes are not uncommon and often relate simply to an issue where neighbouring parties believe they own the right to a particular area of land.
What are the most common causes of Boundary Disputes?
The most common causes of boundary disputes include changes over time to party walls, trees/hedges overgrowth resulting in growth onto neighbouring property, land encroachment, establishing who is responsible for repair work and refused land access.
What do we mean by Boundary?
When purchasing any form of property, you are also purchasing the land that property sits on. The size of the land will be determined by a boundary line. Boundary lines are usually denoted invisible lines, but they can sometimes be marked by such features as walls, fences or trees. If no such markers are visible, the boundary line still remains in place and everything within that line is yours from purchase.
How do I know where my Boundary Lines are?
To establish your properties boundary lines and determine where one properties land ends and the neighbouring land begins, we recommend you initially consult your property deeds. Alternatively, if the boundary lines are not displayed within the deeds then you can instruct a chartered surveyor to investigate on your behalf. Erecting a structure, such as a fence, or using a part of a neighbouring piece of land without legal permission to do can provoke lawsuits and lead to unpleasant situations with neighbours.
Can I access the HM Land Registry?
HM Land Registry, in most cases, possess a title plan for each registered property. In this case, the title plan usually contains the general boundaries of a property, which are clearly marked. It is possible to access HM Land Registry and request this for your property.
Is a General Boundary exact?
No, a General Boundary is not considered exact and if this is all you are able to provide then AW Surveyors offer our professional services to establish exact boundaries through a boundary agreement. Once agreed we can the ensure the application is made to apply the achieved boundary agreement to both yours and your neighbours title plans. AW Surveyors also offer the service of providing a detailed plan of the property in question with exact boundary lines clearly marked. Once drawn, the plan and application paperwork will be submitted to HM Land Registry for reference.
Please contact us for any further information regarding Party Wall Matters and Boundary Disputes. Call 01326 702207 or get in touch by email at info@awsurveyors.com