A Boundary Dispute arises when owners who share a boundary line have a difference in opinion on its location, width, direction or rights over it.
Boundary Disputes are an incredibly common type of neighbourly dispute. It is important to remember that if you find yourself a party to a boundary dispute, there is procedure to help deal with the matter and if possible avoid lengthy and costly legal action.
In the first instance and before instructing professionals to formally advise, we would always recommend attempting to discuss the matter directly with the neighbouring owner. In many cases informal discussion can ultimately enable resolution to prevail.
Boundary dispute resolution doesn’t need to be overly formal or legalistic, a simple agreed scaled plan, along with a simple document signed by the owners who share the boundary line is legally sufficient.
However, if neighbourly approach doesn’t work, the only option is to seek the input from a Boundary Surveyor.
What does a Boundary Surveyor do?
A Boundary Surveyor’s main objective is to take an impartial and objective approach to determining the position of the boundary, presenting their opinion on the neighbourly dispute.
The outcome of the Surveyor’s report, assuming it agrees with your position on the boundary, will enable you to then present the findings to your neighbour and request they abate the trespass.
Once you furnish the neighbouring owners with the report, if they still dispute the findings, at that point it would be appropriate for them to provide their own Surveyor’s report, disputing your Surveyor’s outcome.
This isn’t necessarily a bad situation to be in, at this stage there are two points to the dispute, with each Surveyor’s report specifically confirming their logic. It is then simply a matter of narrowing the dispute and ultimately agreeing a final agreed boundary position.
Boundary Surveying Costs
Here at Stokemont, we believe that Boundary Surveying costs should be transparent and clear. As a guide our prices are as below, in order to obtain a fixed cost, please get in touch with our Surveying team who will be happy to advise.
Boundary Surveying determination of one boundary line
From £950 + VAT
Boundary Surveying determination of two boundary line
From £1,075 + VAT
Boundary Surveying determination mutual appointments by both parties for the boundary
From £1,185 + VAT
Typical Boundary Surveying Questions & Video FAQ
What do I do once I have my Boundary Report?
Once you have received the Boundary Report from the Boundary Surveyor, assuming the Surveyor agrees with your position on the boundary. We would advise presenting it to your neighbour, and either asking them to abate the nuisance, or alternatively respond with their own Surveyor’s formal opinion.
The aim of this is to ensure that you have notified them of the outcome and ultimately giving them the chance to act upon it. It is also conventional to give them a time frame in which to respond by. Commonly this is 28 days.
What happens if my neighbour does not remove the trespass?
Court procedures are incredibly costly, we would therefore advise taking legal advice in advance of progressing down this route.
We’d be happy to recommend solicitors our clients have worked with in the past to assist in these procedures.
Does the Boundary Surveyor visit the neighbour’s property?
In all normal circumstances, Boundary Surveyors are able to provide opinion and determination based off site inspection to one side of the Boundary and the desktop research associated with that.
What happens if I don’t agree with my Boundary Surveyor’s Report?
What happens if there is insufficient information available to determine the boundary?
Irrespective of the level of information, an experienced Boundary Surveyor will always take this into account and ensure it does not hinder his or her professional input and opinion on the Boundary Dispute.
Will the Boundary Surveyor give me scaled drawings?
The very aim of the boundary surveyor’s report is to inform you on their position and opinion as to where that boundary should be. Giving the all important vessel to then open discussions with the neighbouring owner in an attempt to ultimately resolve the dispute at hand.
However, there can be some occasions whereby drawings are recommended. In that situation, we would put forward a number of different land surveyors who would be able to undertake a topographic survey, to provide necessary drawings and scaled plans.
Can you inform my neighbour of the Boundary Surveying outcome?
Yes. If indeed the report is in your favour, we would very much recommend sharing the report with your neighbour in an effort to open informed discussion to reinstate the boundary in the correct place.
The best way to do this is to provide the report to them, and give them an opportunity to review, discuss and ultimately respond.
We are also able to write to your neighbour, giving them the opportunity to discuss the matter with us.
This is something we can complete once we have served the boundary surveying report and discussed the next necessary steps to resolution with you.
How long does the Boundary Survey take?
Boundary surveys will be made up of both the site inspection and desktop research.
The site inspection can take anywhere from 1-4 hours, depending on the level of complexity, and obstacles on site.
The desktop research can take anywhere from a couple of days to a few days.
In any event, you will always be kept well informed of the surveyor’s progress so you are well abreast of when you are likely to receive the boundary surveyor’s report.
What can I expect from a Boundary Survey?
First and foremost, the boundary surveyor will visit the site and have an informed discussion with you.
During that discussion they will try to understand the background and context of the boundary dispute.
That will involve asking questions, reviewing historic information and ultimately gaining a full understanding of the matter.
The surveyor will then progress to fully inspecting, undertaking measurements, and looking for any information that can aid resolution of the boundary dispute.
They will then head back to the office and undertake a full desktop assessment, looking all historic information they can locate in order to best arrive at an informed boundary surveying position.
Once they have done this, they will then progress to preparing the boundary surveyor’s report, setting out all of their findings, both from the site inspection and desktop research.
The report will then be presented to the client, along with full logic, photographs, measurements and of course, the outcome.
Post report, the boundary surveyor will invite the recipient to ask any questions in an effort to help them fully understand the outcome.
Here are some Boundary Determinations we’ve done in the past:
Ranelagh Road, Wembley, HA0
Stokemont’s Boundary Surveying team were very pleased to assist in a Boundary Determination and Right of Way dispute for this property based on the corner of Ranelagh Road and Chaplin Road, Wembley, HA0.
Timeline: 5 days
Lloyd Avenue, Coulsdon, CR5
Stokemont’s Boundary Surveyors were pleased to assist a client in respect of a fence boundary dispute on this semi deteched property on Lloyd Avenue, Coulsdon, CR5, providing a Boundary Surveyor’s Report and Determination.
Timeline: 7 days
Highgate West Hill, Highgate, N6
The Stokemont team were very pleased to be able assist with a Boundary Dispute for a large private residence on Highgate West Hill, Highgate, N6. The dispute circulated around a defective brick garden wall which in places was in excess of 2.5 metres in height.
Timeline: 6 days
Our team of Surveyors are not only highly experienced but importantly they are also qualified.
We’re proud to confirm our Surveyors hold membership status and accreditation to some of the world’s leading professional governing bodies including; the Royal Institute of Chartered Surveyors (RICS), the Chartered Institute of Building (CIOB), the Chartered Institute of Arbitrators (CIArb), The Chartered Association of Building Engineers (CABE), the Pyramus and Thisbe Club (P&T) and the Centre for Effective Dispute Resolution (CEDR).
Related blog posts
Today, in this instalment of our property surveying blog, we are going to be taking an in-depth and focussed look at boundary disputes, boundary determination and boundary surveying. We are going to be taking a deep dive into some of the more typical questions we find...
Today, in this instalment of our property surveying blog, we are going to be taking an in-depth and focussed look at boundary disputes, boundary determination and boundary surveying. A boundary dispute will commonly arise when two different and respective owners of...
Thank you for clicking on one of our property blog posts we really do hope that it is beneficial for you and provides you with some valuable information. The focus of today’s post will be on boundary disputes and particularly the common types of Trespass that are...