In today’s Property Surveying blog post topic we are going to be taking a look at boundary surveying. In particular, we are going to be looking at boundary disputes and the typical issues that can arise when these unfortunate events occur.
Boundary disputes are an incredibly common form of neighbourly dispute. Here at Stokemont, over the years we have seen all different forms of boundary issues occur ranging from the simple, to the more complex.
With any boundary dispute, it is important to note that the dispute itself is normal and there is a procedure in place to ensure the matter is adequately resolved.
In the first instance, we would advise that discussions are had with the neighbouring owner, in many cases neighbourly discussions can go a significant way to dramatically reducing the points in dispute, or alternatively resolving the dispute.
Should discussion and attempts at resolution fail, at that stage the only real step an owner can take is to instruct a boundary surveyor to visit the property, undertake a comprehensive review of the matter and compile a report setting out their position in respect of the boundary dispute.
In building this report, the boundary surveyor is going to take a comprehensive look at all of the historic points on both the property and the boundary line itself.
This will be made up of a variety of different databases and resources including:
- Land Registry Title registers
- Land Registry Title deeds
- Land Registry Title maps
- Property leases
- Planning records
- Historic maps
- Aerial photographs
- Geospatial technology
- OS maps
- Land Registry map search
- Historic photographs
- Any other matter pertaining to the resolution of the dispute.
These are all going to play a significant part in aiding the boundary surveyor in building up a profile of exactly where the boundary line should be.
The aim being for the surveyor to fully understand exactly what that boundary has done over the tenure of its life, and how, when and if it has been changed, adjusted, or moved.
The boundary surveyor will also undertake a comprehensive inspection on site, though in many cases they are going to walk the boundary line looking for any form of historic markers, indicators, or points for consideration.
More often than not this will involve going in and out of bushes, vegetated areas and trees.
Undertaking careful and comprehensive measurement of various different parts of the property and garden or gardens itself.
As well as taking an overall view of the property and boundary and of course the gardens.
With any boundary dispute, there is never a firm recipe for resolution, or an off the shelf procedure that the boundary surveyor will follow in order to arrive at their opinion and determination of the matter.
Instead, they are going to be taking a careful look at as much information as they can, so that they can best form a reasoned assessment of the matter.
That being said, there are some areas whereby a smoking gun will be located.
It isn’t uncommon for our surveyors here at Stokemont to locate historic boundary points and marks such as old fence posts, foundation markers, historic walls and other historic points that can all point towards the original status of where the boundary line should be.
Boundary disputes can be an incredibly stressful period for any property owner, and therefore we would advise that careful discussion is had with the boundary surveyor to ensure that you fully understand the outcome of their report.
It is worth noting that a boundary surveyor’s report is one of impartiality and will be prepared in a neutral manner.
This can in some circumstances mean that the boundary surveyor’s findings and outcome will contradict your belief or understanding of where you believe the boundary should be.
Should this occur and arise it is likely that the boundary surveyor will carefully explain exactly what has led him or her to arrive at this position. In any event they will want to ensure that you are fully informed as a client and property owner so that you can understand the report’s content, advice and determination accordingly.
Here at Stokemont, we undertake thousands of boundary surveys every year, over that time we have dealt with all different forms of properties from terraced, to semi-detached, to bungalows, commercial properties and even agricultural land.
If you would like to discuss how our team of boundary surveyors can be of assistance to you, please feel free to give us a call today and we will be more than happy to assist and advise you.
