Member Article

Check your boundary rights, says expert

Home and land owners should be vigilant in checking their boundary rights, or risk falling foul of complex land legislation.

According to Martin Williamson head of residential property at Latimer Hinks, it is important that individuals understand that the term ‘squatters’ is far more than just someone who has made themselves at home in an empty property, and can refer to a number of ownership situations, including boundary disputes.

He explained: “Squatters can easily turn into a property owner’s worst nightmare and in a tougher property market, buyers are more likely to dig deeper and come across such problems”

Under the Land Registration Act 2002, adverse possession can bar stale claims to land and recognises lengthy possession as a title to land. For a claim to be successful the person claiming must ensure the land has registered title, and have been in possession or control of the land for at least a decade. Different provisions apply if the land is unregistered.

In a recent case, a couple who were unaware of their rights to a 12 foot plot of land adjoining their new property were victims of squatting legislation, after discovering that what they thought was their neighbours land actually belonged to them. Despite discovering their error only 5 years after moving into their home, their neighbours were given rights to the land due to ‘lengthy squatting’.

Martin Williamson continued: “If the couple had been more careful in checking the situation when they bought the property, or in taking advice on how they could lay claim to the land, they would have stood a stronger chance of a successful outcome.

“This case highlights once again how important it is to investigate any issues over boundaries or the like. Once matters have been aired and settled, then the outcome should be recorded in the deeds. If things can’t be resolved amicably, then this sort of dispute is best dealt with by mediation.”

He is also encouraging potential claimants to ensure that going to court is a last option, as it can be prove to be a costly and lengthy option.

He added: “If you are selling your property it is absolutely vital to be open and truthful about any boundary disputes or discrepancies.

“If you do not volunteer full details you might find yourself being sued for misrepresentation some years later, because if one thing is certain, it is that boundary disputes never fully die.”

This was posted in Bdaily's Members' News section by Ruth Mitchell .