ACCURATELY identifying the boundary between two properties often requires specialist knowledge.
The red line drawn around a property on the Land Registry plan shows only the general boundary. It does not identify whether the boundary runs along the centre of a hedge or along one side of it.
Ordnance Survey maps are equally unreliable because, as part of the mapping process, they do not mark exact property boundaries. So a line surrounding the property is not necessarily the property boundary.
A chartered land surveyor will not only survey the land, check deeds and the plans attached to them, but will refer to historical documents and aerial photographs.
A boundary can change over time for many reasons, such as a diverted water course or a wooden fence that moves slightly every time it is replaced.
The reason for such changes is rarely recorded and can lead to disputes, especially if the owner has lost the right to move the boundary line back to its original position.
The key to resolving a dispute speedily and successfully is to employ an expert as soon as possible. Each side can use an independent expert to work out where the boundary lies and write a report. This often resolves the dispute quickly and simply.
Before you ask an expert to work on your behalf, check the following:
Do they specialise in boundary work?
Do they have experience of mapping and land surveys?
Are they familiar with the latest civil procedure rules and experienced in preparing reports for court?
Do they have experience as an expert witness in court and, if so, how many court appearances have they made in the past year?
If you can settle the matter before going to court, or if the court defines a boundary line and writes an order, the chartered land surveyor will mark out your boundary line. They may supervise any fencing or building contractors to make sure there are no further arguments.
Ensure that they prepare a new plan to the required specification, showing the agreed boundary line for submission to the Land Registry as a determined boundary.
Get a specialist to look at all aspects of the problem and to advise on whether or not you have a case.
Chartered surveyors specialising in boundaries are professional advisers with relevant knowledge of both property issues and the law. They will look at the problem, prepare any technical data that may help solve the dispute at an early stage and, if necessary, provide a court with the appropriate advice and information needed to make a judgement. They will also advise on alternative dispute resolution procedures, which would avoid the need to go to court.