Frequently Asked Questions

There are numerous routes and methods of boundary dispute resolution that are favourable in the field. You cannot refer to a regulatory authority and is unavailable for this kind of dispute; they do not deal with boundaries.

The most obvious option would be referring to a Land Registry; however, it is best not to ask for their help. They only really deal with the general positions and not the exact boundary lines.

It is best to ask for advice from a boundary advisor service. An expert will provide a telephone consultation with you based on the guidance documents related to your specific property. 

Another place to look for advice is the Boundary Problems website, and you can find the online free textbook; it allows you to read up thoroughly on boundary disputes. 

It is essential to understand that the law recognises that boundaries are related to either property in the earliest title deed. Many pre-registration title deeds are often destroyed when the land is then registered, and these documents are no longer available. The law then states and allows both landowners to agree on a boundary line to clarify it in the title deeds.

Find out more about our  boundary dispute resolution services in Tonbridge and Kent.

The four types of boundary disputes are as follows:

Lot line disputes: These kinds of boundary disputes arise in a real estate sale context. They can also be the product of a property owner obtaining a refinancing survey or moving forward with any construction work or project. The survey often indicates that the property line is no longer where the owner believed it to be, leading to a dispute.

Fence, landscaping, and outbuilding disputes: this form of conflict can arise when a neighbour claims that the others landscaping, outbuilding or fencing oversteps a boundary line.

Access disputes: Another form of boundary dispute to be aware of as a property owner is access dispute, which involves the need to enter or cross into your neighbours' property. For example, you may need to travel the rural property to cross or access a road. A business may also require a neighbouring property to expand its parking land.

Adverse possession claims: In some places, a party can claim ownership over an openly used property without the owner's consent, leading to conflict.

The boundary position can be manipulated over time when the owners agree or because a neighbour intruded on the site and was unchallenged throughout the years. If you choose to take legal action because of a situation like this, it is vital to note a strict time limit lasting 12 years for taking action.

If you are well aware of where the boundary is, and you are sure you do not need to go through the process for party walls, the best thing to do is speak with your neighbour.

Have a face-to-face talk with them when possible, note down the agreement you have come to. If you are uncomfortable speaking face-to-face, be sure to write to them or ask a trusted source or close friend or partner to contact them for you. Have them take note of their words and keep copies of emails or letters you send back and forth. 

Come to a compromise if possible, such as sharing the cost of the new panel fence. Try your best to keep a good relationship as this will likely ensure cheaper ownership of property than paying for solicitors to resolves your disagreements.

As a property owner, you can give your permission for your neighbour to build a brand new party wall to your land boundary or any foundations.

Existing boundary walls built on the land can be taken down when your neighbour is constructing extensions to rebuild party walls. You must ensure the new wall does not come further than the existing walls. 

Suppose your neighbour wants to construct a loft extension; they, therefore, have the right to increase the party walls height. Party walls are regarded as collective ownership rather than one neighbour owning the wall altogether.

The neighbour also has the right to underpin any existing party wall, as long as they do not underpin on your land without your consent, as it may be subject to restrictions on your side.

The only authentic way to prove your boundary is by getting hold of your boundary information for your current property. If you wish to check your data, ensure you get a copy of the title plan, title register and any filed deeds for you and your neighbours' property. The deed plan refers to the specific measurements of your site and can state more about boundary lines than what may already be known.

It is generally regarded as poor practice if you withhold legal disputes you have been involved in with a potential buyer.

It is generally regarded as poor practice if you withhold legal disputes you have been involved in with a potential buyer. 

Don't scare them off by concealing the dispute; you want your buyer to be stuck in a battle with their new neighbour upon their purchase. 

It is advised to resolve any boundary issues before choosing to sell your property.

There are various costs involved in boundary disputes, including court fees based solely on the claim's value. The expert fees, for example, Surveyor fees having to visit your land to prepare their written report on all issues. Solicitors have representation fees to charge their clients for the work they perform at an hourly rate. There are often fees concerning obtaining the legal documents additional Land Registry records. Finally, there may be counsel fees for all those barristers involved who provide advocacy services at the trials.

If you own the land and the posts you have put in place are on your ground, the neighbour cannot remove them. However, the position of the posts isn't necessarily definitive of where the boundary line lies.

The neighbour can only remove the boundary wall if they own the fence and on their property. However, if you find you are unhappy with their decision to take it down, you may feel free to erect your fence as long as it is on your property.

You can decipher the value of a commercial property by taking the annual net rental income and then dividing it by the estimated value of the building. You can estimate based on the sales of property sites similar to the ones in the local area.

You will reach a "capitalisation rate" or return rate. Take the operating net income and divide it by that rate.

Find out more about  commercial property valuations in Tonbridge and Kent.

The rental yield of a commercial property allows you to gain an indication of the investment return rate from the rent. Compared to the value of the property, it is a percentage figure reflecting the annual rental income.

You can calculate the commercial property rental yield by taking the annual income, dividing it by the property value, and multiplying the figure you end up with by 100.

Commercial property valuations are not simple matters, whether for an office block, leisure centre, industrial warehouse, or shopping centre. It is best to get your commercial property valued by a registered agent like you would for a residential property.

A chartered surveyors job is concerned with property, land and construction. Often they are asked to value a property or examine any buildings to look for any defects in the structure. A chartered surveyor can offer their expert advice on environmental issues for construction.

Find out more about our chartered surveyor in Tonbridge and Kent.

The Chartered Surveyor position is an incredibly varied profession that one can sum up as advising clients on landed property. Such a thing can include those with specialisms in valuing both domestic or commercial property.

The UK is the only place where the position of Chartered Surveyor is protected. Anyone in the field, regardless of their qualifications or skill level, can refer to themselves as a surveyor. They are not expected to have a basic knowledge of their industry or subject or have undertaken any specific supervised training.

A chartered surveyor is someone capable of reviewing the physical condition and overall value of a property or asset. They exist to provide you with expert opinions and advice on planning permission, environmental issues about your asset and housing renovations. If you are in dire need of a property survey, your property valuing, or an independent assessment, you need a chartered surveyor.

There are four different types of Chartered Surveyors, they are:

• Party wall surveyors
• Quantity surveyors
• Valuation surveyors
• Land/Geomatic surveyors