Understanding the importance of clear property boundaries and knowing how to resolve potential disputes can save time, money, and stress in the long run.
What are property boundaries?
Property boundaries are the legal lines that define the extent of ownership of a piece of land. These boundaries are typically marked by physical features such as fences, walls, hedges, or even ditches, but the legal boundary is not always as clear as these markers suggest. In some cases, boundaries can shift over time due to natural changes, the construction of new structures, or alterations made by previous owners.
When buying or selling a property, it’s essential to have a clear understanding of where these boundaries lie. Disagreements over land boundaries can lead to costly legal battles and significantly delay the sale process.
Common boundary issues
There are several common boundary issues that can arise during a property sale or purchase:
1. Encroachment
Encroachment occurs when one property owner builds or extends a structure over the boundary onto their neighbour’s land. This could be anything from a shed or garage to a fence or wall.
2. Unclear boundaries
Sometimes, the physical boundaries of a property may not match up with the legal boundaries as outlined in the title deeds or Land Registry documents. This can happen if fences or walls have been moved over time, or if previous owners made changes without updating legal records.
3. Shared boundaries
In some cases, properties share a boundary feature. Disputes can arise over who is responsible for maintaining or repairing these shared boundaries, especially if they have fallen into disrepair.
4. Adverse possession
Adverse possession occurs when someone claims ownership of a piece of land that legally belongs to someone else. This can happen if a neighbour has used a section of land for an extended period without the legal owner’s permission. Although rare, adverse possession claims can complicate property transactions.
Resolving boundary issues
If boundary issues arise when buying or selling a property, it’s important to address them quickly and thoroughly. Steps to help include:
1. Check the Title Deeds
Review the title deeds of the property, which should outline the legal boundaries. You can obtain these from the Land Registry and they are available for any registered property.
2. Get a survey
A professional surveyor can provide an accurate assessment of the property’s boundaries. This is particularly useful if the physical markers on the ground (such as fences or walls) do not align with the legal documentation.
3. Negotiate with neighbours
If a boundary dispute arises while selling, try to resolve the issue amicably with your neighbour. In many cases, a simple conversation can lead to a solution without the need for legal action.
4. Seek legal advice
If a dispute cannot be resolved through negotiation, it may be necessary to seek legal advice, perhaps as an offshoot of your conveyancing process.
Why choose David Burr?
At David Burr, we are experienced in handling all aspects of buying and selling property, including ensuring boundary disputes don’t hamper buying or selling. Our team of knowledgeable estate agents will help you through every step of buying or selling, ensuring you are well-informed and prepared for any potential issues.
Contact us to learn more about how we can help make your property transaction as smooth as possible.
