Wednesday 28 November 2012

The Changing Attitudes to Boundary Disputes

In the near 30 years that this practice has been in existence boundary disputes have not been high on our agenda, that is until the last 3 years when amazingly suddenly they are taking a good deal of attention.  Is it because we're all less friendly and more litigious or is it because we just want to hang on to everything we've got?  Two or three of our disputes have involved the police where neighbours have scratched obscenities on cars, threatened with building implements or just entered and cut down trees.  What is going on!  The other feature is that we're not arguing about acres of land, one dispute is over 55mm, another of 225mm. Areas of land which will make no real difference to the value or 'quiet enjoyment' of the land.  On a piece of farmland where the distance is 3m is easily understandable since that impinges upon an entrance; however, we appear to be involved in MATTERS OF PRINCIPLE!  


 As a Registered Valuer I have been asked to put a value on a 150mm strip of land along one garden boundary in a rural setting.  Comparables?  What there patently is in the instances I've quoted is a lack of neighbourliness and it seems to me that the lack of adequate precedent and the fact that the Land Registry drawings do not confirm the accurate boundary but rather the type and location of site is where the problem starts.  However, my good friend Charlie Elphicke MP is involved in sponsoring the Property Boundary (Resolution of Disputes) Bill which follows the format of the Party Wall etc Act 1996 and the Subterranean Development Bill and will hopefully bring some sense, clarity and a simpler process for resolving such disputes.  The second reading is due on 30/11/12.  Both the bills currently going through parliament are not certain to quickly see the light of day; however, in my view they will benefit all parties, especially we surveyors who have to convince both parties of a suitable procedure.  One of the few good reasons for having an act of parliament.  We'll see if and when it comes out of the end of the sausage machine.

David Hannent FRICS FBEng MCIArb has been in private practice for over 30 years and shares his experiences and knowledge via these blog pages freely. Information and opinions on this site are the the personal opinion of the author and should not be relied upon by any person or any third party without first seeking advice. This blog remains the copyright of PMC.

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