How to solve a boundary dispute
An Englishman’s home is his castle, or so they say. Arguments over the position of boundary lines or an encroachment (coming into your land) over a perceived boundary line can become one of the most common forms of a property dispute. They can cause huge stress and tension because you are arguing over the most expensive thing you own – your land and the property on it.
However the problems with the boundary are discovered and encountered, whether the replacing of a wall, fence or hedge, or a forthcoming sale of the property, this new placement of the property line can prompt claims of there being a mistake in the correct boundary line, whether this is intentional, or otherwise.
What starts out as a mere disagreement and some crossed words can quickly escalate – causing parties to proceed to an expensive legal row over what could simply be a small strip of land just a few inches wide. Asit Jansari – Solicitor can help you to consider alternative options at resolving the matter before it proceeds legally and ends up needing court assistance to be resolved.
Where is the true boundary?
People tend to assume that HM Land Registry can solve problems related to the boundary by checking the plans that they hold for properties. Sadly this is not always the case.
HM Land Registry filed plans only show ‘general boundaries’ and not the true boundary for a property. We can help you seek copies of the following documents from the Land Registry:
Title register entries – the title number, who owns it, what they paid, whether there is a mortgage (legal charge) on the property and whether there are any rights of way across the land; &
Title plan – the location of the property and general boundaries
Whilst it would sound logical for the Land Registry to assist with boundary problems between neighbouring properties, this is not the case. The Land Registry do not offer assistance in such matters and will leave it up to you to resolve with your neighbour.
How can we help?
We aim to pursue alternative options to try to resolve boundary disputes such as mediation, negotiations or simple round table meetings to try to avoid legal proceedings if at all possible.
The reason for this is that boundary dispute legal actions can become very expensive for a sliver of land. If this can be avoided, then it is often for the best. If this doesn't do the trick then we are ready to fight your corner and succeed.
It is also an idea to check your home insurance policy for legal expenses insurance funding that they may be able to offer to the resolution of such matters.
If you do need assistance then please contact Asit Jansari by email or, if you prefer, you can telephone him on 07966 244498.