Boundary disputes and how to solve them
Harper Macleod’s specialist boundary disputes solicitors deal with a range of boundary issues on behalf of our clients.
Boundary disputes can arise, for example, when a new fence or wall is being erected or a hedge is being planted or cut down; when one neighbour has their garden measured out for gardening works or landscaping or is planning an extension to their property; and sometimes it is only picked up when one of the properties is marketed for sale.
Boundary disputes are often focused on the true position of the legal boundary between neighbouring properties as compared with what is on the ground. This may be difficult to determine as uncertainty can creep in where, for example:
- the only description of the boundary is in a dusty old deed in the Register of Sasines with no map
- physical boundary features on the land do not match up with the legal boundary
- the property has been split off from a larger title
- there has been a mistake in the conveyancing description when the property was previously sold
- one neighbour has been occupying the land in dispute without interference for 20 years
- the disputed area is small – OS mapping system used by Registers of Scotland to record property ownership has a margin of error of up to 0.5 metres
- Keeper Induced Registration has taken place without reference to the property owner and resulted in a registered title which does not match reality
- a neighbour has used the voluntary registration process to register a deed in the Land Register recording a larger extent of title than you think they legally hold
Our expert boundary dispute solicitors can examine your title deeds and help you to decipher the property’s bounding description or understand the boundaries shown on the map or title plan. We can also examine prior deeds to identify any mistakes in the conveyancing description or instruct an expert surveyor to measure the ground and plot the extent of your title from scratch.
We can help to resolve differences of opinion between neighbours through negotiation, mediation or court action and, in some circumstances, can make an application for rectification of title if the extent of your property is not accurately shown on the Land Register of Scotland.
Early specialist advice from boundary disputes solicitors can help you to resolve a boundary issue in the most efficient way and could ultimately avoid a lot of tension between neighbours. Please contact a member of our team for advice if you have identified a problem with the boundary to your property. We can help you to enforce the legal extent of your property if you wish to reclaim land from a neighbour, or you are facing demands from a neighbour to give up part of your property to them.
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