NEIGHBOURHOOD WATCH
CROSSING THE LINE
Gary Melling, co-founder of chartered surveyors, Jones Melling, provides an insight into boundary disputes and party walls.
We’re told to love thy neighbour but, unfortunately, when it comes to boundaries, fences and walls, this commandment is often lost within communities. Neighbours up and down the country are at loggerheads over the boundaries between their properties.
When you move into a new home, establishing the exact position of your land boundaries may not feature high on your to do list. However, in order to avoid any future conflicts, it’s important to take the necessary precautions.
Any boundary problems should be identified by your solicitor during the conveyancing process, but you can also request a copy of the Land Registry title plan. This document marks the general boundaries that surround your property. The plan will be based on large-scale Ordinance Survey mapping, so may not include things such as bay windows, or small juts in the periphery. If possible, compare this plan to your property prior to exchanging contracts. If you’re unsure of anything, ask the seller to clarify any discrepancies.
Once you or your tenants have moved into the property, chat to the neighbours as soon as possible to determine the position of boundaries and whose responsibility it is to maintain them – a great way to introduce yourself!
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Despite taking these precautionary steps, disputes can and do arise. Typical examples of these are boundary structures not being built in the correct position, high hedges blocking light, work that subsequently causes damage to a neighbour’s property and tree roots causing damage.
If a disagreement of this nature does occur, it’s necessary to establish which party owns the disputed land. This evidence can often be located in the legal documents obtained when a building is purchased or rented. Problems also arise when the boundaries between homes have been changed by agreement or occupation without permission. In cases such as these, boundaries will differ from those laid out in the title document or lease and residents may be required to take legal advice or consider mediation to resolve the matter.
A different set of rules covers structural work to walls which stand across the boundary of land belonging to both parties, or those used by neighbours to separate buildings. The Party Wall, Etc. Act 1996 was introduced across the entire country – formerly just in London – to protect neighbours’ rights with regards to poor construction standards, damage and noise caused by neighbours building on, or near to the boundary line.
In addition to the usual requirements for planning and building control approval, work of this type requires neighbours to enter into a party wall award. This award certifies that any building work undertaken should not affect the quiet enjoyment and rights of the neighbour throughout the process. It also ensures more basic issues don’t arise, such as work trespassing onto a neighbour’s land. The award provides a mechanism for claims of damage and the undertaking of more complex matters, including making an agreement for limited access to a neighbour’s land if necessary.
Issues occur when no award is entered into and damage, trespass or noise occurs. A building surveyor can advise whether an award is required prior to construction beginning. The best way to avoid disputes and maintain a happy neighbourhood is through good communication and seeking the advice of experts.
www.jonesmelling.co.uk
twitter.com/TomorrowsFM
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