CONGREVE HORNER
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Boundary Disputes  ...continued


Boundary disputes between neighbours are often in the news – usually because they’ve been unable to resolve the matter amicably and have ended up in court.
As with other areas of property ownership, it helps to have a good understanding of the issues involved and where to go for good, professional advice. In all cases, though, disputes are much better dealt with informally rather than ending up in the courts.

What is a boundary and how is it defined?
Boundaries exist between your property and all those that surround you.
The description may be written into the deeds, or set out in a visual plan of the land.
Occasionally the plan and the wording of the deeds might be different. Land Registry records show the general position of the boundaries in each ‘registered’ title using an adapted large scale Ordnance Survey plan. They are not accurate to the extent that a measurement on the plan can be transferred to the ground. Depending on the scale of the plan the line itself can be as much half a metre wide.
Accurately identifying the boundary between two properties often requires specialist knowledge.
We will not only check deeds and the plans attached to them, but will refer to historical documents and aerial photographs. We can physically measure small areas and on larger sites can arrange for a land surveyor to measure with instruments and prepare an accurate plan. We can prepare a new plan, to the required specification, showing the agreed boundary line for submission to the Land Registry as a ‘determined boundary’.
Disputes can often be resolved speedily and successfully if an expert is employed early on. Each side can use an independent expert to work out where the boundary lies and write a report. This often resolves the dispute quickly and simply.