Disputing Land? Do You Need a Boundary Survey?
Property boundaries are often assumed to be obvious. A fence, wall or hedge may appear to show exactly where one property ends and another begins.
Unfortunately, it is not always that simple.
A boundary survey may be appropriate where there is uncertainty about the position of a boundary, a disagreement with a neighbour, or proposed works that could affect the boundary.
When might you need a boundary survey?
Common situations include:
- You and your neighbour disagree about the position of the boundary.
- A fence or wall has been moved or replaced.
- Your neighbour has built an extension close to or across the perceived boundary.
- You are planning works close to the boundary.
- There is uncertainty about the extent of your land.
- You are buying or selling a property where the boundary is disputed.
- Historical features appear inconsistent with the title information.
Isn’t the Land Registry plan enough?
Not necessarily.
Land Registry title plans generally identify the general position of a property’s boundaries rather than providing a precise surveyed line. The red edging should therefore not automatically be treated as showing the exact position of the boundary.
A proper boundary assessment may require consideration of title documents, historic plans, mapping, physical features and measurements taken on site. citeturn0search0
What does a boundary survey involve?
The precise investigation will depend on the circumstances.
A surveyor may review available documentary evidence, inspect the site and take measurements to establish an opinion on the likely position of the boundary.
Importantly, a surveyor’s opinion does not automatically constitute a legal determination of ownership. Where agreement cannot be reached, legal advice may also be required.
Stokemont’s advice
If there is genuine uncertainty about a boundary, it is generally better to establish the position before undertaking works or allowing a dispute to escalate.
A properly considered boundary report can provide useful technical evidence and may assist the parties in reaching an agreement.
Stokemont provides boundary surveying and boundary determination services for residential and commercial properties.
If you are unsure about the position of your boundary, contact Stokemont to discuss your circumstances.
You can also obtain an instant quote via our website, via this link you can find a fixed cost, timing for the inspection, report and information on how we approach boundary surveys.
