Property owners should take heed from a recently reported High Court case and avoid a boundary dispute if at all possible. It has recently been reported that a homeowner developed his garage into living accommodation to downsize but in so doing, is alleged to have encroached into his neighbour's garden. The extent of the encroachment? Just 16 inches.
The records held by the Land Registry will not help in this instance because in producing title plans, they work on the 'general boundaries rule.' This means that the exact position of the boundary is left undetermined by the Land Registry – this is not surprising given the small scale of plans used to transfer the ownership of land in most cases. The Land Registry simply cannot state with precision whether the exact boundaries are.
This is why it is so important for homeowners to have the extent of the boundaries properly measured if they have a concern when they purchase a property. And if someone wants to have work done to their property which takes them near to their neighbour's property, they should have the boundaries professionally measured and take specialist legal advice before they have any building work done.
When developing a property, homeowners often think that dealing with planning matters at the local authority is the most important thing to do. Whilst this is essential, they should also remember that contacting their solicitor to discuss boundaries could save years of stress and thousands of pounds. So far, the homeowner in the recent case is facing a £200,000 legal bill and the matter is not yet concluded.
Homeowners should also remember that any form of boundary dispute or problem with their neighbours could mean that it is difficult to sell their property in the future. A seller is obliged to tell a buyer about disputes and complaints – a failure to do so could lead to a misrepresentation claim. So forewarned is forearmed when it comes to boundary disputes.
To discuss this or any other property matter, contact us.