As the built environment continues to expand, boundary disputes have become more common than ever.
Boundary disputes with neighbours occur where uncertainty arises as to ownership of land between two properties. It often arises when one party builds on the boundary and adjusts/encroaches the boundary position by say erecting a fence, wall or planting a hedge taking more of the perceived land. Common problems are neighbour fence disputes and boundary wall disputes. A dispute can also arise when a property whether commercial, or domestic is sold and during the sale, uncertainty arises causing difficulty in completing the transaction.
Difficulties that can arise with boundary ownership
The parties will have deeds to their respective properties, which will hopefully define the precise legal border. There may be specifics set out in the deeds in relation to who is responsible for the boundary and where it is on a plan or diagram and is also lodged with the Land Registry. However, often the plans, maps and diagrams are very poor and approximate and location of the boundary and who is responsible, is vague and not precise enough leading to a dispute between the owners. Parties can argue over two inches! It is not unusual for parties to then engage lawyers and legal costs can escalate, and eventually after much expense, the Court might order that an Expert Witness be appointed. It is suggested that before that stage is reached, a Chartered Surveyor with boundary expertise be appointed to give an opinion or determination in an RICS boundary disputes report.
Tackling the Boundary Dispute with an Arbicon Chartered Surveyor
An Expert Witness Report prepared by one of Arbicons specialist Chartered Surveyors experienced in
giving opinion on defining boundaries will help resolve any dispute. All Arbicons Expert Witness Reports are CPR 35 compliant.
The Chartered Surveyor will independently of both parties pursue all lines of enquiry, including consulting both parties, investigating all relevant documents, the physical site conditions and facts to prepare an Expert Report with opinion on defining the boundary line and resolving the boundary line disputes.
On completion of the Expert Report, the parties might then agree and register the reported findings on an accurate plan with the Land Registry to give future certainty legally in respect of the boundary.
How much does a boundary dispute cost?
It depends on the size, complexity of the dispute, the minimum budget cost would start at and is normally upward of 1,500.00 plus VAT and disbursements.
We have a team of experts who can help you understand the legal aspects of your dispute and provide you with the best possible solutions to avoid any legal complications. Our goal is to help you find a resolution that is fair and reasonable.
Read our Case Study on how we helped a Client resolve their Boundary Dispute
Contact Arbicon at any office number given above to speak to one of our Chartered Surveyors.