The land is a precious commodity – it is extremely high in demand and as a result, is strictly regulated and expensive. Many owners will seek to protect their land from a variety of issues, such as encroachment, boundary disputes and issues surrounding plants, hedges and anything which may affect their enjoyment of the land.
Land disputes also contain their specific legislation and council regulations in the UK- boundary disputes may fall under the Party Wall Act when it comes to permanent structures such as walls and fences, whereas issues with unkempt or encroaching hedges may be dealt with by your local council. Similarly, issues affecting encroachment or squatting may fall amongst other various laws.
Land disputes are further made complicated by the fact that they are usually with your neighbours. It is always recommended that boundary issues or the creation of an easement (an agreed pathway on or through your property) are dealt with informally and amicably, as costs to pursue legal services are usually cripplingly expensive, and involve a lot of risks should it progress to court.
Boundary disputes
Boundary disputes occur between neighbours when they disagree as to the line where their properties are separated. This can result in arguments over where fences are meant to go, whether one party has the right to erect a wall or not, and whether owners need their neighbour’s permission to build structures on or near the property line. Property lines can be roughly determined by documentation found in the land registry, although they are by no means certain – this means that a lot of uncertainty exists as to where your land ends and others begin unless you can purchase the services of surveyors who will determine the exact property line. Boundary disputes also cover hedges – such as whether a hedge has become overgrown or the roots are causing damage to a neighbouring house.
Easements
Easements are legal agreements with another party where you allow them to pass through a part of your property to reach a road or other property. They exist to provide standing permission for people to pass through your property without you giving consent first. Most agreements may be verbal, but some homeowners may want written agreements to ensure that the property they own is protected in case damage is done as a result of allowing people passage.
Squatting
Squatting is where people illegally stay on land that belongs to someone else. This is done without their permission and/or knowledge and can lead to issues such as repossession of the land (where the owners do not dispute the claim to the land over some time) or devaluing and damage to the land. It is prudent for landowners to remove squatters from their land as soon as possible, as allowing them to stay will result in a legal right of adverse possession, which may result in them gaining a legal right to your land.
Encroachment
Encroachment is when neighbours build structures that are partway or fully on your property. This is serious, as it could mean that the neighbour is unaware of the property line or are purposefully building on your land – this leads to a variety of legal issues, such as adverse possession claims, devaluation of your property and difficulties when trying to sell the home in the future. These issues must be brought to your neighbour before they build any property. If they have already done so, you will need to take action to ensure that your property and house value is protected.
What can Lestons do for you?
Lestons can take steps to give you sound guidance on what you should do when these issues arise. We can help by providing support through whatever process you want to follow in resolving these issues, and ensuring that the process is less stressful and time-consuming.
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