Owning a property is a dream for everyone. This significant milestone seems easy, but it comes with challenges related to property boundaries. A simple misunderstanding over property can lead to legal battles, strained relationships, and high legal costs. Such issues related to boundaries mostly happen during fence installation or building extension. Hence, it is crucial to understand your property boundaries and take the necessary steps to prevent disputes. In this blog, we will be penning down an answer to your question, ‘What do you need to know about property boundaries and disputes?’
Understanding Property Boundaries
Before we move ahead, you should know what exactly property boundaries are. Property boundaries are lines marking the edges of a property you own. There are licensed surveyors who define these boundaries by conducting a survey. The surveyors follow techniques to determine and map out the property. This ensures that boundaries are recorded accurately.
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The property boundaries are commonly defined in the property deed. A property deed is a legal document outlining specific information regarding measurements, locations, and other aspects of the property.
Common Causes of Boundary Disputes
Boundary disputes don’t arise without any reason. Some of the reasons or common causes of boundary disputes are as follows:
- Ambiguities in property deeds regarding boundary description can lead to misunderstandings, resulting in a legal dispute.
- Encroachment cases are where property owners build something to extend their property line. If property boundaries are unclear, building extensions such as a driveway or fence can be a reason for dispute.
- Natural changes like floods, earthquakes or changes in the landscape can alter the property lines over time.
- There are also cases where a neighbour uses some portion of your property without permission. This can result in neighbours claiming ownership under adverse possession laws.
Why is it Difficult to Find the Legal Boundary of Your Property?
The state has properties spanning over billions of square feet. HM Land Registry is a government agency that compiles information regarding the legal boundaries of each property in England and Wales. As a result, finding the accurate property boundary can be difficult for the HM Land Registry.
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This happens because the HM Land Registry’s plans are based on large-scale ordnance survey maps, which don’t provide accurate information. The plan mostly covers the general boundaries of a property, not including its physical features. Simply put, the HM Land Registry offers information about property boundaries concerning size and is not responsible for determining maintenance information.
Steps to Avoid Boundary Disputes
To avoid property and boundary disputes over a fence or driveway, the following are the steps to follow:
- The first and foremost thing you can do is to review your property papers. Carefully review the property deed, maps, and other documents specifying the exact boundaries.
- If you have not purchased the property yet, hire a surveyor to conduct a survey. This will give you accurate information about the property lines.
- Communicating openly with your neighbors about the property boundaries can be a good decision. This can help you avoid misunderstandings beforehand.
- To resolve the encroachment issue, you can place permanent markers on every edge of your property. By placing markers, you can easily prevent accidental encroachments.
- If neighbors have issues over property lines, it is better to sign an agreement stating each property’s boundary lines.
- If there is a dispute, consulting and seeking legal advice from solicitors like London Solicitors would be better. They can easily interpret your property deed and offer guidance about your rights.
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Conclusion
Understanding and respecting property boundaries is always better. This will help you to maintain amicable relationships with your neighbours and protect your peace of mind. By taking the necessary steps and clarifying and marking your property lines, you can avoid misunderstandings and boundary disputes. Despite everything, if there is a dispute, seeking professional advice will ensure you an amicable solution to protect your property.
If you need help with your property dispute, contact London Solicitors today. Our team of solicitors is experienced in resolving property disputes concerning boundaries!
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