Identifying the physical extent of a property being purchased can be a problem for conveyancers and clients alike as land registration does not usually generate a means of locating a legal boundary.
So what questions can conveyancers firstly ask to ascertain if boundary sensitivity is an issue?
- Are the boundaries to the property clearly defined by reference to a plan, description, or physical features on the ground?
- Does the client intend to develop close to the boundary of the property so the legal boundary needs to be identified?
- Have there been issues or problems with neighbours as to the location of a boundary, the movement of boundary features, or potential adverse possession problems due to neighbour encroachment?
- Is there a problem with regard to a potential ransom strip or access and egress to and from a right of way?
In addition to heightening awareness of potential problems and ensuring clients are given information so as to have realistic expectations of the conveyancing process, it is important conveyancers are aware of some of the measures that can be taken to prevent problems arising or to deal with problems that do arise.
- Taking out defective title insurance
- Entering into formal boundary agreements
- Making a determined boundary application to the Land Registry
- Using mediation to resolve disputes
- Avoiding litigation
For more in-depth information regarding boundary issues, take a look at our upcoming training courses on our events page by clicking here.
Ian Quayle qualified as a solicitor and worked in private practice for 12 years specialising in property law matters. He has since delivered over 1500 training courses to legal professionals in city and regional firms, local law societies, local authorities and students. Connect with Ian on LinkedIn here.
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