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Boundary Line Disputes

Apr 8, 2022

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In today’s Property Surveying blog post topic we are going to be looking at boundary surveying.

In particular, we are going to be taking a look at boundary disputes and the role that a boundary surveyor plays in resolving these neighbourly matters.

Over the years, here at Stokemont, we have seen all types of boundary disputes ranging from the minimal, to the significant. 

As many boundaries as there are across the UK, we find that there can easily be as many boundary disputes.

With all of these boundary disputes there is usually some form of commonality, that comes into play and ultimately leads up to the boundary dispute.

We are going to now look at these in a little bit more detail so that you can better understand the context in which boundary disputes can arise.

Construction Works

Construction works are by far and wide some of the most common causes of boundary disputes.

Extensions, side, rear or front will ultimately involve in new walls interacting in some shape or form with the boundary line.

These can result in dispute and differing opinions in where the boundary line is, and how the new proposed wall or walls should interact with it. 

Updating Fences

Updating fences is another incredibly common cause for boundary disputes.

One owner will want to upgrade or replenish the fence, usually on account of disrepair or defect.

In doing this, fencers will often the most easiest route to getting the job done.

In many cases this can mean working around obstacles, such as changes in ground level, trees, bushes etc. 

These can result in the boundary becoming skewed, and thereby resulting in a dispute. 

Maintenance Liabilities

Maintenance liabilities are another incredibly common form of boundary dispute.

This will result in a scenario whereby one party does not want to contribute or maintain to a boundary fence, resulting in a consequential boundary dispute between the respective owners.  Irrespective of the background, boundary disputes are common, and here at Stokemont we tend to find they really come to light in the summer months. 

During which time property owners will be spending more time in their gardens, and in those instances will often notice the minor changes or adjustments to the boundary line that have taken place, that they have perhaps overlooked in the past.

The important thing to note is that when a boundary dispute arises the first step should be some form of neighbourly discussion. 

Neighbourly discussion can go a long way to resolve the matter, in many cases the dispute may not even be a bona fide one, and a simple discussion could result in the replacement of the fence, or relocation of the issue in that regard in the correct position.

Should discussions fail at that stage we would advise that the owners seek the professional input of a boundary surveyor.

The boundary surveyor’s role will be very much to look at the boundary line from the perspective of the neighbouring properties, in an attempt to determine and set out where they believe the correct boundary line to be. 

This is done through a combination of looking at a range of data that can include however is not limited to:

  • Historic maps.
  • Land Registry Title.
  • Deeds.
  • Plans.
  • Planning records.
  • Aerial photographs.
  • Geo spatial technology.
  • On site inspection. 
  • Historic photographs. 

These are just some of the many tools and resources that a good boundary surveyor will use in order to determine the matter at hand.

In any event, there are no two boundary disputes that are alike, and should you find yourself in the position where you are a party to one, here at Stokemont we would advise that you open discussions at the earliest opportunity in an effort to avoid the matter snowballing and gaining speed.

The important thing to note, as we have set out previously, is that boundary disputes are common and in many cases is likely to be an easy and smooth resolution in place, it is just a matter of taking the correct professional advice to ensure that the correct procedures then follow.

If you would like to discuss your boundary surveying matter with our team of qualified and experienced boundary surveyors, give us a call today and we will be more than happy to assist and advise you.

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