How do I solve a boundary dispute without too much stress?

Question

My neighbour and I bought two semidetached cottages with 180 foot of brambles and overgrown 'forest'. As we cleared the land I made a rough guess where the boundary was and now we think it's out. My neighbour is keen to leave things alone, but I want to put up a fence now - in the right place - have hired a Chartered Surveyor as Land registry plans dont help. Anyone been in a similar situation, or can offer advise please?

Answer 1

Take a look at these sites, some good advice is given.
hope it helps, good luck.

Answer 2

Surveyor is the best way, but you can also read your legal descrition to help out on this matter. Before hiring a surveyor go to the local abtractor office and ask them if it had ever been surveyed before and look for bountry markers sometimes they are buried and a metal detector can be useful, some markers are above ground. When you purchased the property if you look at your paper work your legal will be there and should have the name of the abstactor. Keep in mind before putting up a fence find out what regulations you have, you can't always put things on your property line there can be a foot allowence. If you do not follow the guidelines they can make you take it down and move it.

Answer 3

Least stress = Move.
My plot is stated in the deeds to be a rectangle x yards long and x yards wide, except the road frontage is curved and there is a clear change in the Victorian roadside wall about 4 feet beyond the present boundary and the two sides are nothing like parallel but I don't care.
Bloke near here checked his deeds and found his plot was 20 feet shorter than stated, so he moved the fence when his neighbour was out, cemented the posts in, neighbour comes home, gets the neighbour on the other side round with his JCB and rips the fence back out again, everyone falls out but the fence had been in the "Wrong" place for 50 years and was probably measured from the middle of the road "Estate Style" in an area where most measurements are from the roadside wall.
If your neighbour don't agree to the move let it alone or clear out, of such things lifelong feuds are made.

Answer 4

A survey (properly executed) will show the true boundary line, however in most instances the survey itself does not automatically determine ownership, the survey once completed is a factual document, usually recorded in the county or parish that the parcel lies. However fence and boundary laws vary from state to state, because it has been an agreed or accepted property line does not always mean that it is "grandfathered in" and does not mean that it will supercede the original recorded plat. In most cases a court of law will make a judgement based on local or state guidelines, it may uphold the survey, or make a judgement based on other criteria, ie.. agreed boundary lines, or existing fences, etc.. sometimes both parties are happy, sometimes one, or none.

A correct survey of the property will show the true lines, if neither you or your neighbor are happy with the results of the outcome it is always an option to transfer the desired amount(s) of property to the other party, for a fair price, or none if agreed. Have the documents drawn up by an accredited title company and file them with the local recorders office, that will show in the future that a transfer of property had been made and properly filed and recorded, never to be questionable. A matter of record.

Ask your Surveyor, they are more than likely familiar with local laws on such matters, If both parties agree with the survey then it can be a pretty stress free solution. Good Luck.

Answer 5

In this kind of situation Richard.....a shotgun is the only answer...


SERIOUSLY though......I guess your neighbour benefitted from your rough guess. If your plans don't help then a surveyor won't be able to and I would pursue this path no longer. The surveyor should have told you this, really.

If the boundary you agreed between you is less than 12 years old, you are at liberty to slug it out with the neighbour. If more than 12 years old, the neighbour could claim 'squatter's rights'.

All the best.

Answer 6

Kick back and let the surveyor do their job. You are on the right track, get it sorted out from the go that way no questions later. If your getting a dog, get a fence, otherwise just put marker posts where the survey says. Then talk with neighbor or discuss the fence, it is a property enhancement and sorta a shared fence, so split the cost of it between each and that way a fence gets built that both are happy about and agree on.

Answer 7

If you have boundary lines shown on the deeds it is no problem.You say you do not have these. Try to mutually agree a line with your neighbour. Once you have agreed, I think it is permanent after 12 years. I would keep solicitors well out of it!
If your neighbour is happy I would go ahead and hope he doesn't change his mind in the next 12 years.

Answer 8

measure the dead centre of your houses from the two gable ends .
from the centre measure 20ft along the back wall .
measure out 30ft of string and attach it or hold it on the dead centre mark and pull it tight running up towards the garden .

measure from the end of that string to your 20ft mark and it should read 50ft .

this gives you an exact right angle .

knock a peg into the ground and take a string from your centre mark to the top of the garden and line it up with the pin and it will give you an exact dividing line .

edit your question if unsure about anything an I'll check back later .

Answer 9

You can`t go wrong with a Surveyor.

Answer 10

See your local city office............