Boundary Disputes & Trespass
Cases of boundary dispute and trespass can be very complicated. Here are my tips for dealing with these circumstances.
Property Deeds are available online and are a matter of public record.
Copies can be obtained via Gov.uk.
Order office copies of you and your Neighbour's title. Obtain a copy of the register and plan for both.
If any historic Conveyance or Transfer Deed is referred to as “filed” then obtain these as well.
Such Deeds will often contain boundary rights and covenants or conditions. A Conveyancer can explain these to you.
Check that your neighbour is on his land and that you are on yours. Red edging will show the boundary lines.
Property Deeds are now commonly referred to as office copies of registered title.
They are an electronic précis of the historic bundle of paper Deeds.
HM Land Registry (a Government body) maintains these records and each property has a unique title number.
When you buy a property, your Conveyancer must update HM Land Registry records.
You will need office copies of the register of title and a filed plan. Red edging shows your boundary lines.
Speak to your neighbour. It is often better to discuss things before escalating matters.
If this does not work, you can provide your neighbour with a copy of the office copies and filed plan so that he can see he is trespassing on your land.
Often people genuinely believe they are entitled and need to see the evidence.
Give as much detail as possible, and calmly ask for this to be rectified. Keep a written record of the discussion.
It is advisable to hold photographs of the trespass for evidence.
Consider instructing a Chartered Surveyor.
This is an expert who can attend at the property to review the boundaries, check measurements and give you feedback.
This is evidence you can rely on going forward.
Instruct a litigation solicitor who can assist you in corresponding with your neighbour.
A solicitors letter will frequently resolve matters.
Otherwise, you are looking at taking a Civil Claim in the County Courts.
That is not cheap, takes time and there is no guarantee of success.
[NB: These are very general tips and suggestions and cannot be relied upon since I have NOT been to the property or seen your deeds or office copies. Accordingly, no guarantee as to success can be given.]