BOUNDARY DISPUTES & BOUNDARY POSITIONS
Do you know where the legal boundary is with your neighbour?
Under the Party Wall etc. Act appointed surveyors should not become involved with boundary disputes as matters under the Act can be settled by an Award even if there are contentious issues over the location of a boundary. The ownership of fences and walls can also be problematic when an ownership claim is disputed.
Very often surveyors with experience can work together and assist the parties but sometimes surveyors appointed under the Act are best to remain separate from any boundary dispute issues so that they may complete their role under the Act with impartiality as is required.
Section 8 access under the Act can provide permission to enter onto someone else’s land and the management of the process is all important, and can be affected by the ownership of boundary features.
Hedges and mature trees can cause friction between owners, especially when overhanging branches and roots exist. Even more problematic can be access for crane over sailing and builder’s vehicles, but again an experienced surveyor working on your behalf can usually get the necessary agreements in place.