Boundary Disputes Dorset and Hampshire
Telephone 07979 472264
Avoid involving a solicitor until you have a boundary report as costs will escalate very quickly before you know even if there is an issue.
Boundary Disputes Surveyors serving Bournemouth, Christchurch, Lymington, Ringwood, Barton on sea, Winchester, Southampton, Poole Lyndhurst, Hamble, Netely, Bursledon, Brockenhurst and the New Forest.
Far more boundary disputes occur between the owners of two adjacent residential properties than between commercial neighbours. Residential landowners tend to tackle their disputes emotionally seeking perceived justice rather than rationally evaluating the situation considering amicable solutions to the boundary dispute.
This is where the experienced Boundary Disputes Surveyor comes into their own and can save clients many thousands in legal fees by good arbitration based upon sound legal principles.
Things to think about
If you have been arguing with your neighbour or having a boundary dispute try to follow these simple tips to avoid making matters worse:
- Stay calm and try not to get angry.
- Be reasonable. Listen to what your neighbour has to say and take it into account.
- Compromise. You have to live next to each other so it’s best to try and find a solution that suits both of you.
- Don’t do anything hasty. It’s easy to get angry when something is niggling you every day and it’s on your doorstep. However, doing things to spite or get back at your neighbour will only make matters worse and they’ll be less likely to listen to you if you’ve upset them.
Common neighbour disputes
Access to a neighbour’s land for repairs
If you want to carry out repairs to property or land you may need to have access to your neighbouring property or land in order to carry out these repairs.
There may be a right of entry specifically for the purposes of inspection or repair in the property’s legal documents. If there is no such right, or no agreement can be reached, the law allows you as the person wishing to carry out repairs to apply to the county court for an access order allowing you to enter your neighbour’s land to carry out the repairs. There is a fee for the application.
If you wish to apply for an access order you should consult an experienced adviser, for example, a solicitor or a Citizens Advice Bureau.
Amenities which are shared
Who is responsible
There may be amenities shared between two or more properties, for example, drains and pipes, shared drives or the roof of a block of flats. Responsibility for maintaining them and rights to use them, for example, putting up an aerial on a shared chimney, are usually outlined in the property’s legal documents.
The legal documents may give you as a property owner rights over your neighbour’s property. Sometimes they are not included in the legal documents but have arisen out of long, continuous and unchallenged use (usually 20 years). A right to use, for example, a pipe through a neighbour’s property implies a right to go on that neighbour’s property to undertake repairs, although any damage incurred to that property must be made good. If access is refused, an application can be made to a county court for an access order – see above.
Repairs
Where there is a shared amenity which is in need of repair the first step is to find out who is responsible for repairs. However, the legal documents may not always provide clear evidence and, in this case, it is probably best to settle in advance that the costs will be shared between owners.
The next stage will probably be to get a surveyor or architect to inspect and report on the part of the property requiring repairs. Estimates will have to be sought and finally a contract made with builders. It is essential that at each stage when a cost is incurred the household initiating the repairs has the consent of the other parties responsible.
If some or all of the property involved is rented, the landlord may be liable for repairs.
Boundaries, fences and walls
Establishing the boundaries and ownership
When boundary disputes arise between neighbours regarding the boundary between their properties, it will be necessary to establish who owns the disputed land. The primary evidence will be contained in the legal documents. Clear evidence of this kind is normally conclusive.
However, the boundaries between properties can differ from those described in the title documents or lease in certain circumstances. The most common are where they have been changed by agreement or by encroachment (occupation without permission).
If you think that the boundaries are not defined in the title document or lease, or that the boundaries have been changed by agreement or encroachment, you will probably need to get legal advice from a specialist.
Duty to erect a barrier
Generally, as a property owner you do not have to erect and maintain any type of barrier, for example, a fence, wall, trellis or railing, around your property. Some of the exceptions include where:-
- there is a clause in the title documents or lease
- the land is used for dangerous purposes, for example, storing chemicals
- a barrier is necessary to prevent animals, other than domestic pets, from straying.
Who can use or repair a barrier
In order to decide who can use and repair a barrier, it is first necessary to establish who owns it. The rules for working out ownership are the same as for other boundaries. In other words, the legal documents may specify who owns the fence, or you may have evidence that it belongs to you.
If the barrier belongs to one owner, they can use it as they wish, without the neighbour’s consent, providing it is safe. The neighbour has no rights over the barrier. For example, they could not use it to support trailing plants without the owner’s permission. If a fence is jointly owned, each neighbour can use it for support, provided neither makes it unsafe. Any repairs should be financed jointly.
As a property owner you do not have to repair your barrier unless the title documents or lease contains such obligations. However, if the barrier causes damage or injury, your neighbour could take you to court for compensation.
If as a property owner you have a barrier next to the street, this should be kept in good repair to prevent it becoming a nuisance or danger to people using the street. If a passer-by is injured by the barrier, for example, if it has barbed wire, or falls down on someone in the street, that person can take you to court for compensation.
It is said the Land Registry primary purpose is to collect taxes not safeguard citizens rights.
Boundary Disputes Bournemouth, Highcliffe, Winchester, Wimborne, Lymington, Southampton, Lyndhurst, Brockenhurst and Christchurch. Boundary disputes in Dorset, New Forest and Hampshire.
Creating A Boundary Agreement
It makes sense if you and the neighbours can reach an agreement – because you will probably have to do so anyway sooner or later. Agreeing a boundary amicably saves all the expense and bother of taking your neighbour to court (or defending yourself if they take you to court).
Going to court should only ever be a last resort. It is a very expensive, time-consuming and stressful way to resolve boundary disputes. And you may still not get everything you want. It is far better to reach an agreement.
But take legal advice before agreeing to anything. Here are some basic legal principles for creating a boundary agreement:
- The agreement will determine the true position of the boundary.
- The agreement can include the position of a fence, hedge or other boundary marker and also who is responsible for looking after it.
- It may or may not involve the transfer of any land.
- The agreement should be recorded by HM Land Registry.
Remember that any agreement is binding for both parties – and also for their successors, for anyone else who then moves into either property. So do not rush into an agreement without first getting professional advice.
As well as a solicitor, you may also need the services of a chartered surveyor or another similarly qualified professional. If so, you will need to:
- have a detailed plan drawn up, showing the exact position of the agreed boundary
- have the agreed boundary added to the title plans
- file this agreement with HM Land Registry.
Boundary disputes Christchurch
Boundary disputes Winchester
Boundary disputes Southampton
Boundary disputes Wimborne
Boundary disputes Ringwood
Boundary disputes Bournemouth
Boundary disputes New Forest
Boundary disputes Poole.