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 positon 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 £800 + VAT
Boundary Surveying determination of two boundary line
From £1,000 + VAT
Boundary Surveying determination mutual appointments by both parties for the boundary
From £1,150 + VAT
Typical Boundary Surveying Questions
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?
If the neighbour does not respond to your Boundary Surveyor’s Report, or does not abate the nuisance or trespass, at this stage the only option you have is to pursue them through the courts.
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 many cases this is not possible as either the neighbour will not engage in the determination process, or the situation on site not may not be accommodating of a safe site visit.
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?
This is a relatively rare position to find yourselves in.
However, if you disagree with the Boundary Surveyor’s determination, we would always advise fully discussing the disagreement with them with the ultimate aim of arriving at a resolved solution.
What happens if there is insufficient information available to determine the boundary?
Boundary determinations are a combination of both a Boundary Surveyor’s site inspection and also thorough desktop research into both current and historical information.
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.
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).
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