Boundary Disputes

When you buy a property, you may have a conversation about the property's boundaries. For a property which is purchased with land this is extremely like to be the case. Boundary disputes can take a number of forms and can be very stressful. It should be noted that on maps and in information about registered land on file there will not necessarily exact clarification of where the land boundaries are, more a rough estimate.

Common Boundary Disputes

- Location of a boundary: The Royal Institute of Chartered Surveyors will be able to give you thirty minutes of free advice regarding these kinds of disputes. Often disputes over the location of a boundary will be able to be quickly concluded via reference to legal documents containing details about the properties.

- Repairs and additions of barriers - e.g. fences: Most property owners do not have to construct fencing or boundaries between their property and others by law. However, they do have a duty to make sure there is a barrier in place if their property is used for the storage of dangerous items, if it is outlined in the documents relating to the property or if there are animals on the property which could stray if there is no barrier in place - e.g. farm animals. However, most property owners do wish for a boundary between their property and their neighbours and will generally gladly discuss sharing the cost of replacing fencing or barriers with you if they do need to be maintained or replaced. This will depend on who owns the fence itself. If a fence is owned by one individual they can repair and maintain it as they wish. If a fence is jointly owned the costs must be shared.

- Party walls: Wall which are used by two or more owners are subject to a certain area of property litigation. For any party walls agreements must be made by the parties involved about work which is to be done, how it will be done and when it will be completed. All parties must agree to work being done or it is possible for the disputing party to take the matter to court.

- Planning disputes: fences must be of a certain height to not be subject to planning permission. Hedges can be of any height.

Resolving A Boundary Dispute

It will be the least expensive and least invasive if you can talk out your dispute with the parties it concerns. However, if this does not work you should contact either a mediator (all parties must agree to the use of the mediation technique), or contact a specialist property lawyer.

Comments? Questions? Email Here

© HowtoAdvice.com