With storms becoming more frequent across the UK in recent years, insurance claims for property, boundary, and vehicle damage have understandably surged.
This article explores a common source of tension between neighbours: boundary disputes. We offer guidance on steps to take before moving into a new property, how to determine responsibility for damage or repairs, such as those caused by storms and how you can help resolve such issues efficiently, avoiding the expense and stress of legal proceedings.
Contacting the Land Registry: What You Need to Know.
According to guidance from the Royal Institution of Chartered Surveyors (RICS), those uncertain about the extent of their property boundaries should consult the Land Registry for an official title plan. While this document can provide a visual outline of the property’s limits, it does not specify who holds responsibility for their maintenance.
When purchasing a property, it is important to compare the official plan with the actual layout of the house and land. If any discrepancies or concerns arise, raise them with the seller before finalising the transaction. It is also advisable to speak with your current or future neighbours, as they may offer helpful information about boundary responsibilities.
It is assumed that boundaries are shared between neighbours, often indicated by a vertical ‘H’ on title deeds. However, in some cases, a ‘T’ mark appears on one side of the boundary; when this is the case, the owner on that side is usually responsible for maintaining and repairing the boundary feature.
Fostering Good Neighbourly Connections.
If a neighbour’s tree falls during a storm and damages your property, such as a boundary fence, the success of any insurance claim may hinge on the tree’s condition prior to the incident. The central issue is whether the damage was foreseeable, which often depends on whether the tree was appropriately maintained, pruned, or professionally inspected.
It is important not to overlook the potential damage caused by tree roots, which can affect underground pipework. Home insurance policies typically only cover the insured property itself, so liability in these cases can often fall into a legal grey area.
According to the Royal Institution of Chartered Surveyors (RICS), a hedge is considered a ‘general boundary.’ If you are replacing a hedge with a fence and there is no specific boundary line detailed in the title documents, the exact boundary position may only be established through mutual agreement with your neighbour.
Uncertainty over boundary ownership or encroachments caused by construction such as extensions or outbuildings can lead to disputes, particularly where they obstruct shared access or diminish light to a neighbouring property. In such cases, it is advisable to consult a professional surveyor, who can provide an accurate boundary assessment. This is crucial, as Land Registry documents often lack the detail needed to determine exact positions.
Whenever possible, fostering a positive rapport with your neighbour can help sidestep boundary disagreements.
Understanding the Party Wall etc. Act 1996
Living next door in a semi-detached or terraced house means you share a wall. The Party Wall etc. Act says you must talk to your neighbour before doing any work on that wall, so it is best to give them an early alert.
This covers extensions, damp proofing, internal renovations, structural alterations, and excavation near a neighbour’s property.