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John Boret BSc MRICS
07814 318614
john@jrmboretsurveyors.co.uk

43 Queensmill Road
Fulham
London SW6 6JP

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Boundary Disputes

The Land Registry records the general position of the boundaries in each registered title using an adapted large scale Ordnance Survey plan.

This Title Plan may not accurately represent the true ground positions of the boundaries. The Land Registration Act 2002 allows you, under certain conditions, to determine and record the exact line of your boundaries on a registered title, to avoid any future boundary dispute.

But what happens, for instance, if a neighbour complains that a new wall is overlapping their land, or if their new extension takes up part of a pathway between your houses?

A minor disagreement can quickly become a full-scale dispute involving solicitors’ letters and threats of court action. Even more damaging are the costs involved. Ultimately, the cost of protecting your right to land in court could be 50 or 100 times as much, so it pays to think hard before rushing into legal action. The key to resolving a dispute speedily and successfully is to employ experts like us as soon as possible.

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.
If you can settle the matter before going to court, or if the court defines a boundary line and writes an order, we can mark out your boundary line.

We can also supervise any fencing or building contractors to make sure there are no further arguments. We prepare a new plan, to the required specification, showing the agreed boundary line for submission to the Land Registry as a determined boundary.

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More about Boundary Disputes
from the Royal Institution of Chartered Surveyors (RICS)

Accurately identifying the boundary between two properties often requires specialist knowledge.

The red line drawn around a property on the Land Registry plan only shows the general boundary. It does not identify whether the boundary runs along the centre of a hedge or along one side of it.

Ordnance Survey maps are equally unreliable because, as part of the mapping process, they do not mark exact property boundaries. So a line surrounding the property is not necessarily the property boundary.

A chartered land surveyor will not only survey the land, check deeds and the plans attached to them, but will refer to historical documents and aerial photographs.

A boundary can change over time for many reasons: a diverted water course, or a wooden fence that moves slightly every time it is replaced. The reason for such changes is rarely recorded and can lead to disputes, especially if the owner has lost the right to move the boundary line back to its original position.

The key to resolving a dispute speedily and successfully is to employ an expert as soon as possible. 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.

If you can settle the matter before going to court, or if the court defines a boundary line and writes an order, the chartered land surveyor will mark out your boundary line. They may supervise any fencing or building contractors to make sure there are no further arguments.

We prepare a new plan, to the required specification, showing the agreed boundary line for submission to the the Land Registry as a determined boundary.

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