Fact 21. Boundary Disputes - how do conveyancers handle them?

Conveyancers handle boundary disputes by investigating titles, commissioning surveys, negotiating agreements, and advising on legal resolution to ensure smooth property transactions.

Few issues cause as much concern as boundary disputes. These disagreements between neighbouring property owners about the exact location of their shared boundary can range from minor discrepancies of a few inches to major conflicts involving substantial portions of land. Understanding how conveyancers handle these disputes is essential for anyone involved in a property transaction, as the way these matters are managed can significantly impact the success of a sale and the future enjoyment of your property.

The Conveyancer's Initial Investigation

The conveyancing process begins with a thorough examination of the title documents held by the Land Registry. Your conveyancer will scrutinise the title plan, which shows the general boundaries of the property, though it's important to understand that Land Registry plans are not definitive boundary markers. These plans are typically based on Ordnance Survey maps and show boundaries scaled to a specific measurement, usually with a margin of error that can be several feet in either direction.

During this initial investigation, your conveyancer will look for any notices, restrictions, or entries on the title register that might indicate previous boundary disputes or agreed boundary positions. They will also examine any filed plans that show determined boundaries, which are far more precise than general boundaries and are marked with a 'T' symbol on the title plan. Determined boundaries are relatively rare, as they require a formal application to the Land Registry and agreement from all affected parties or a determination by the Land Registry's adjudicator.

Reviewing Property Deeds and Historical Documents

Beyond the Land Registry documents, conveyancers will examine older deeds and conveyances, particularly for unregistered land or properties with a long history. These historical documents can contain valuable information about boundary features, such as references to walls, hedges, fences, or ditches that were considered the boundary at the time of previous transactions.

Old conveyances often include more detailed descriptions of boundaries than modern title registers, sometimes referring to physical features that may still exist or have been replaced over time. Your conveyancer will analyse this information to build a comprehensive picture of where the boundary should legally lie, comparing historical descriptions with the current physical situation on the ground.

Identifying Potential Boundary Issues

Conveyancers are trained to spot warning signs that might indicate boundary problems. These can include inconsistencies between different documents, evidence of previous disputes, restrictions on the title relating to boundary matters, or discrepancies between the title plan and what physically exists at the property. When viewing property photographs or conducting site visits, they may notice fences or walls that appear to be in different positions from those shown on official plans.

If the seller's property information form reveals that there have been discussions or disagreements with neighbours about boundaries, this will immediately alert your conveyancer to potential issues. Similarly, if planning permission has been granted for extensions or outbuildings near boundary lines, your conveyancer will ensure these structures are positioned correctly according to approved plans.

Raising Enquiries and Seeking Clarification

When potential boundary concerns arise, your conveyancer will raise detailed enquiries with the seller's solicitor. These enquiries might request information about:

The position of boundary features such as fences, walls, and hedges, and who is responsible for maintaining them

Whether there have been any disputes or discussions with neighbours regarding boundaries

Whether any boundaries have been moved or altered during the seller's ownership

The existence of any informal agreements about boundary positions that might not be documented

The responses to these enquiries can be revealing. Evasive or incomplete answers may suggest underlying problems that require further investigation, while comprehensive responses with supporting documentation can provide reassurance that boundaries are well-established and accepted by all parties.

Recommending Professional Surveys

When documentary evidence proves insufficient or contradictory, conveyancers frequently recommend instructing a specialist boundary surveyor. These professionals use precise measuring equipment and technical expertise to determine boundary positions based on deed descriptions, title plans, and physical features on the ground.

A boundary survey will typically produce a detailed report with scaled drawings showing the surveyor's interpretation of where boundaries lie according to the legal documents. This can be invaluable when there is a discrepancy between what the seller believes and what the title documents actually indicate. The surveyor's report provides an objective, professional opinion that can form the basis for negotiations or inform your decision about whether to proceed with the purchase.

In some cases, a joint boundary survey might be recommended, where both parties agree to instruct and share the cost of a single surveyor whose findings both will accept. This approach can be more cost-effective and can facilitate quicker resolution of boundary questions.

Negotiating Pre-Completion Settlements

When boundary disputes are identified during the conveyancing process, your conveyancer's role extends to facilitating negotiations between the parties. This might involve the seller agreeing to rectify boundary features before completion, such as moving a fence to the correct position or removing structures that encroach onto neighbouring land.

In other situations, the negotiation might focus on obtaining formal agreement from the neighbour about the disputed boundary position. Your conveyancer can draft a boundary agreement that, once signed by both property owners and their neighbours, can be registered at the Land Registry. This creates a determined boundary that provides certainty for future owners and eliminates the ambiguity of general boundaries.

Financial adjustments sometimes form part of boundary dispute resolutions. If a seller's fence has encroached onto a neighbour's land for many years without objection, there might be a claim for adverse possession, though this is complex and requires specific conditions to be met. Your conveyancer will advise on whether such a claim has merit and what steps would be needed to formalise it.

Understanding Indemnity Insurance Options

When boundary issues cannot be fully resolved before completion, but you still wish to proceed with the purchase, your conveyancer may recommend boundary dispute indemnity insurance. This type of policy protects you against financial losses that might arise if a boundary dispute emerges after you've purchased the property, covering legal costs and any compensation you might need to pay.

However, indemnity insurance is not suitable for all situations. It typically won't cover known, ongoing disputes or situations where there has been recent correspondence about boundary matters. Your conveyancer will assess whether such insurance is appropriate and obtain quotes from specialist providers if it represents a viable solution.

Advising on Risk and Transaction Implications

Throughout the process, your conveyancer's fundamental responsibility is to provide clear advice about the risks associated with any boundary issues. They will explain how a dispute might affect your enjoyment of the property, potential difficulties you might face when trying to sell in the future, and whether the asking price is reasonable given the boundary uncertainties.

In cases where boundary problems are significant and unresolved, your conveyancer may advise against proceeding with the purchase or recommend making a reduced offer that reflects the risk and potential costs of resolving the dispute after completion. This advice is crucial because boundary disputes can be emotionally draining, time-consuming, and expensive to resolve through legal proceedings if negotiations fail.

The Completion Decision

Ultimately, the decision about whether to proceed with a property purchase when boundary issues exist rests with you as the buyer. Your conveyancer's role is to provide you with comprehensive information and professional advice, ensuring you understand exactly what you're taking on. They will have investigated the title thoroughly, possibly coordinated specialist surveys, negotiated on your behalf, and explored all available options for managing the risk.

With this information, you can make an informed decision about whether the property represents good value and whether any boundary concerns are manageable within your circumstances. Your conveyancer will then handle the completion process accordingly, ensuring any agreed boundary arrangements are properly documented and registered where appropriate.

Boundary disputes require careful handling by experienced conveyancing professionals who understand both the legal framework governing property boundaries and the practical approaches to resolving conflicts. Their thorough investigation, strategic use of specialist surveyors, skilled negotiation, and clear advice are essential elements in protecting your interests and ensuring your property purchase proceeds as smoothly as possible.