Adverse Possession :: Boundary Disputes

Adverse Possession

Tuesday, October 21, 2008

Welcome to the Boundary Problems website. Here we deal with boundary disputes in England and Wales and this site is designed to be of use to landowners who want to find out more about adverse possession, rights of way and land registration and want a quick resolve to disputes they have with neighbours.

Adverse possession is a very serious matter and can often lead to long and expensive court cases and it is something that you should take very seriously, especially when you are looking to buy your dream house and have plans which show one boundary line but when you see the actual property you have fences and hedges, this is a sign to be wary and get the experts involved before you end up being out of pocket, having to pay for court actions brought against you.

Within the pages of this website you can see how adverse possession is defined and here we will make a start to give you an idea. When you are faced with land that is not yet registered then the answer is very simple the possession of boundaries is determined by the earliest deeds that can be found for the property or land; this documentation will describe the boundaries and who has possession of them. This will come as a drawing or in the form of a worded document.

It is best if the document is a planned drawing rather than a worded document because wording and plans can often be different and this leads to numerous problems. Our expertise is on hand to help you resolve these problems by using our investigative skills to read the deeds to see if they contain information which leads us to determine that the worded document has precedence over the plans or visa versa. There can also be problems if plans or worded document are extremely inaccurate. If this is the reason for court action then the court will try to determine the reason why the vendor did this at the time they had the deeds written up.

The legal boundary is the boundary as defined in the conveyance deed or transfer deed or Indenture that first defined the parcel of land in question. The legal boundary is usually shown on a plan attached to the conveyance. Such plans are usually of low quality.

Labels: adverse possession

- Some landowners may prefer to speak to a professional. The Royal Institution of Chartered Surveyors (RICS) operates a Boundary Disputes Hotline (0870 333 1600 that will put you in touch with a chartered surveyor who specialises in boundary demarcation and disputes and who will be prepared to spend half an hour discussing and advising on your problem free of charge.

- Some landowners may have reached the stage where they need to instruct either a professional who is expert in the issues in dispute, or a solicitor, or both. These people should either refer to the page of this site titled "The Right Expert", or contact Jon Maynard Boundaries Ltd by email sales.m@ynard.co.uk or by telephone ( 023 8036 1344.

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