It has recently been reported that the Ministry of Justice (MoJ) is to consider how Court and Tribunal processes can be improved in cases of boundary disputes. The MoJ is considering increased use to mediation and independent experts.
Typically a boundary dispute relates to the position of a boundary between two properties and possibly the ownership of land either side of the disputed boundary.
A study commissioned by the MoJ revealed that boundary disputes generally involve legal and technical issues around defining the line of the boundary or the poor relationship between the neighbours involved.
If somebody wishes to carry out work to a party wall, there is a procedure under the Party Wall etc. Act 1996 to enable them to do this. However, many boundary disputes do not involve party wall issues, precisely because there is a statutory procedure in place to deal with work carried out to party walls.
Many property owners incorrectly believe that the boundary of their property as indicated on Land Registry title plans are definitive. This is not the case. The Land Registry only works on the 'general boundaries' rule which means that the position of a boundary on a title plan is almost invariably not the precise position of the boundary as it appears on the ground.
Boundary disputes often deteriorate into expensive and acrimonious disagreements between neighbouring property owners and any such problems will render one or both of the properties almost unsaleable.
The proposal by the MoJ to increase the use of mediation in boundary disputes is to be welcomed but property owners would be well advised to avoid a boundary dispute in the first place, particularly if a sale of the property is likely in the near future.
Link to the MoJ study: Scoping study
To discuss this, or other property related issues, contact us.