If you are buying or selling a house, a potential obstacle to conveyancing – that is, the legal transfer of the property’s ownership – is a boundary dispute.
This issue usually involves a difference of opinion over the position of a property’s boundary. It may be related to the location of a wall, fence or piece of land.
A boundary dispute can have significant implications, both on a legal and practical level. In this article, we will look at both the consequences of, and actions required by, a boundary dispute during conveyancing.
Disclosure requirement
Sellers have a legal obligation to make a declaration of existing or previous boundary disputes
relating to the property. This is done via the Property Information Form (TA6).
If you, as the seller, fail to disclose a dispute, this may lead to claims of misrepresentation.
Delays and risks
Disputes can delay or even halt the sale, block construction, and make the property less attractive to buyers. Not only do disputes slow conveyancing, but they may also lead to the sale falling through completely and affect the market value of the property.
Investigation
The investigation stage involves conveyancers checking Land Registry title plans, looking for the general boundaries of the property. It should be noted that although Land Registry information can offer a guide, it rarely provides precise measurements.
Professional intervention
For the reasons outlined in the section above, professional intervention is typically required. A chartered land surveyor is able to provide an accurate survey and expert analysis. This evidence of where the legal boundary lies can be a crucial factor in finding a resolution.
Resolution methods
There are several ways to resolve a boundary dispute during conveyancing, and not all involve going to court.
If the issue is settled by mediation or negotiation, it can save money and time for both parties. A Boundary Agreement – which is a registered, legally binding document – can prevent future disputes.
A Deed of Rectification may be used. This corrects the title deeds to accurately reflect the true boundary line. A last resort will be court action, which will be undertaken in a County Court or First-tier Tribunal (Property Chamber).
At Bennett Smith, as conveyancing solicitors in North Wales, we regularly advise clients on boundary disputes during conveyancing, guiding them through investigations and negotiations to formal agreements. Call our friendly team today on 01248 679 000.
