Know your boundaries to avoid costly legal dispute
THE lockdown may trigger an increase in property boundary disputes, as homebound Britons dive into DIY projects without first consulting their neighbours.
Solicitors are warning that arguments can easily spill over into expensive legal battles, unless you get permission first.
Nicole Rogers, a solicitor at DAS Law, said boundary disputes occur when two people believe they have the right to a piece of land: “They often begin when one person puts up a fence or wall on land which another person thought belonged to them.”
Firmly establish boundaries before changing anything: “Even minor work could lead to trouble.”
Be particularly careful about boundary dividers. Rogers said: “Replacing a hedge with a fence will set a far more specific boundary and could lead to a dispute if your neighbours do not agree with where you have put it.”
Consult title deeds and get information from the Land Registry to establish a boundary. Rogers warned that this may not be exact: “Take time to reach an agreement, rather than risk a costly court battle over what may only be a few feet of land.”
Appoint a surveyor to specify the agreed boundary and submit it to the Land Registry.
Get neighbours’ written agreement before making changes to a “party wall”, shared with different properties: “This includes knocking down and rebuilding the wall, increasing its height, strengthening the foundation, putting in a dampproof course layer or any other work that affects its structural integrity.”
This does not include cosmetic work such as adding shelves or replastering, Rogers added.