Boundary Dispute Support

Boundary dispute support

Residential boundary disputes can become very personal and stressful. The input of a professional surveyor can help all parties to reach a fair solution.

Boundary disputes can be an extremely complex area of law. Many people seem to think that the boundary between theirs and a neighbouring property always runs in a straight line. That is often is not the case. 

Most boundary disputes can be resolved by the instruction of an expert surveyor who will consider the title deeds if they are available at the same time as other factors such as physical features, old photographs, witness evidence, and occasionally satellite photographs.

If you are having problems relating to a boundary speak to Anthony Kay.

Call 01246 296 494 for your local, experienced surveyor.
Anthony J Kay Chartered building surveyor

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Anthony

What we do →

The position of legal boundaries can vary over time. Sometimes the boundary may have started out as a straight line but can later have moved slightly, or changed direction, for various reasons; including agreements made between previous owners. The difficulty often arises when people rely on Land Registry plans. Many believe that plans are drawn precisely and then rely on them to move a boundary wall or fence to what they think is the correct position.

In fact, Land Registry plans are usually based upon Ordnance Survey plans. The expressly DO NOT show legal boundaries. They are not intended to allow legal boundaries to be determined. They are also drawn with relatively thick lines separating properties. Therefore boundaries cannot be ascertained from them with any precision. The width of a line on a plan can scale up to equate to several feet on the ground.

Specialists can help you agree

If your neighbour has moved a boundary wall or fence, or if you are thinking of doing so, specialist advice should be sought first.

Sometimes, one surveyor will agree with you where your boundary is only for your neighbour to find another who believes it is elsewhere. This is why some cases end up before a Tribunal for determination, or in the Courts with a Judge making a decision. Taking your dispute through the Courts should always be a last resort. Most boundary disputes can be resolved through other methods such as mediation or determination by an agreed expert surveyor.

If you can't agree

There is NO general rule such as "the boundary belongs to the left (or right) property".

What to look out for

If the boundary belongs to a certain party then it may not be marked in the deeds.