What counts as a boundary dispute?
A boundary dispute is a dispute that arises between owners or occupiers of neighbouring properties. Sometimes, but not always a boundary dispute will arise when one party constructs a fence, wall or building in a position which highlights that the two neighbours have different views as to where the boundary lies.
Can you sell a house with a boundary dispute?
Indeed, the nature of the law can mean both sides may actually be right. However, a dispute still requires a resolution both for peace of mind and if either party intends to sell. You can save your buyers, your next home, and your whole transaction by using dispute resolution services.
When can you say that there are boundary disputes?
Boundary and territorial disputes refer to disputes over the division of land or water bodies among two or more independent countries. Boundary disputes may evolve from historical and/or cultural claims or may be brought on by competition for resource exploitation.
Does a fence determine property lines?
Fences and Fence Ordinances Most fences are built right on top of property boundary lines, which means the fence is the property of the homeowners on both sides of the fence.
What are two types of boundary disputes?
Types of Boundary Disputes
- Definitional disputes are disagreements on how to interpret legal documents.
- Locational disputes occur when entities have different ideas of where a boundary should be placed.
- Operational disputes involve a discrepancy about how the boundary functions.
How do you solve boundary disputes?
A dispute can be settled by simply talking to your neighbour about your intentions as they too may be affected by your plans, and you need to ensure your building work remains within your boundaries and on your land. You should maintain these boundaries and clearly define them.
Can a land registry adjudicator determine a boundary?
When it comes to registering land, mapping was imprecise for a long time, meaning many old title plans can cause confusion over boundary lines. However, agreeing boundaries amicably with your neighbour is not always possible. Where there is a dispute, a the Land Registry adjudicator will determine the boundary after a set procedure outlined below.
What happens if a land registry agrees to a plan?
If the adjoining owner agrees the plans, the Land Registry will accept it and note both property titles accordingly. It is important to note that the legal boundary is unaffected, the determined boundary simply recalling in detail where the actual boundary is.
How are boundary disputes resolved in the courts?
There are presently two ways in which boundary disputes can be resolved by the Courts: Make an application to HM Land Registry. This might be to alter the register, or to have the boundary determined (this does not refer to a decision by the registrar, but to an entry on the register defining the boundaries).
What is the role of the Land Registry Tribunal?
One of its roles is to determine disputes arising from objections. The tribunal is totally independent of HM Land Registry.