Boundary dispute solicitors Swansea
Experiencing a boundary dispute? Talk to our experienced team.
- enquiries@pgmsolicitors.co.uk
- (01792) 468684
- PGM Solicitors, 120 Walter Rd, Swansea SA1 5RF
Disputes can often arise as to the position of the legal boundary between neighbouring properties. While a boundary often appears to be demarcated by a physical feature such as a fence or hedge; a legal boundary is in effect a two-dimensional line which separates two properties.
Disgruntled neighbours are usually quick to refer to their title plans obtained from the Land Registry. However, these only show what are called “general boundaries” rendering the title plans virtually useless.
The Court will follow guidance set out in case law if they are to decide the position of a legal boundary. The starting point is the earliest conveyance of the property in question.
A boundary dispute normally will require expert evidence from a land surveyor which will include a detailed plan. Such a report can facilitate the early resolution of the matter. If an agreement cannot be reached, the expert’s evidence can be relied upon in court proceedings.
Boundary disputes are sometimes triggered by one party building, or planning to build, a structure on another party’s property. It is important to seek specialist advice early in almost every dispute but especially where this is the case as the Court may decline to make an order that the offending structure be removed and instead order that a payment of compensatory damages is made to the party who has ‘lost’ land. On deciding whether the structure should be removed the Court will take into account whether the party has delayed in bringing the Court proceedings.
Talk to our team
Frequently Asked Questions:
How can I resolve a boundary dispute?
A disagreement between neighbours must be reported in writing to HM Land Registration. There will be an opportunity for all parties to enter into negotiations to reach an agreement, but if this is not possible, the case will go to a tribunal.
How much can a boundary dispute cost?
Boundary disputes can be a long and costly process and can also have a detrimental effect on the value of either neighbour’s property. Therefore, parties to a boundary dispute should look to reach an early settlement with their neighbour as the stigma attached to land which is the subject of a boundary dispute can be severe.
How can I avoid a boundary dispute?
Before you consider any changes to your property it is advisable to establish where the boundary between your and your neighbour’s properties lie. Speaking with your neighbour first will also help, discussing all of your planned work prior to progressing.
Are the title plan or deeds a definitive guide?
In a dispute over land, it is absolutely crucial that the limits of the land under dispute are accurately defined. Many people are of the mistaken belief that the title plan or Deeds of their property at the Land Registry are the definitive guide and are bewildered when they are informed it is just a guide! The issue of who owns what, is, on occasion, far more complicated. In this regard, there is absolutely no substitute for competent legal advice, and the sooner the better! The issue of trespass to land is a serious one.
How can a solicitor help?
A solicitor can engage the services of a professionally qualified surveyor who will visit the site in question and accurately measure the ground using the latest equipment. This is far more accurate than relying on plans and deeds that may not be to scale. Also, it should be borne in mind that borders can, and do, change over time. The surveyor will highlight such things.
How can I contact PGM for confidential advice?
If you are in a dispute with your neighbour, please get in touch for an initial free consultation on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
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