Boundary Surveys

Regulated Surveyors by RICS, CIOB and RPSA

What is a Boundary Surveyor?

Manchester combines modern infrastructure with old-world architecture. It’s a city where the importance of precise property lines can’t be overstated. 

Your Boundary Survey in Manchester makes clear the demarcation of your property’s boundaries, allowing you to understand your property’s limits more thoroughly. If you’re a property owner, developer, solicitor, or contractor, this survey will play a significant role in helping you resolve a dispute, understand your property’s limits, or develop land.

What leads to boundary disputes?

When individuals purchase a home or piece of land, they are purchasing not only the structure but also the land beneath. This is what gives people rights to any landscaping, hardscaping, or whatever else might be outside the walls of the house. But what happens when a dispute arises over that boundary? You may need not only to assert your ownership rights but also to conduct a boundary survey.

Boundary disputes tend to arise over any number of things—walls, extensions, parking bays, garages, painted lines, and the ownership of trees or lawns. This is when boundary surveys come into play. In these surveys, it is the surveyor’s legal obligation to determine and disclose the true nature of ownership and the precise position of the boundary.

Understanding a Boundary Survey

Boundary surveys are conducted to settle disputes over property lines and to determine the exact locations of boundary corners and fence lines. The best practices of boundary surveys are employed to reach determinations that have been used for centuries in boundary law. These practices involve review of original materials such as deeds, the historical land registry, and property line maps; and site work conducted by a chartered surveyor who prepares a report along with a professional opinion.

Locating a legal boundary

The present survey does not ascertain anything but rather makes a reasoned conclusion. It serves as a pretty good entry point for someone wanting more information about their property—that is, if you are really interested in the property line information that you seem to have lost along the way and in the formal recommendations of what you should do to re-establish that information in a timely manner.

There are situations when it’s wise to get a boundary survey that have nothing to do with a boundary dispute—for example when you are buying or selling a house, or thinking about making some seriously transformative alterations to a house. Then, it’s crucial to know if the house is yours up to the legal boundary, that’s why you get a survey, and you engage either a boundary surveyor or a chartered land surveyor to do it.

A surveyor will come to your property and utilise topographical tools to determine the lay of the land. He will take photographs and use these, along with other information gathered during the visit, to create a topographical site plan. This plan will represent what he perceives to be the space’s current state and will overlay the boundaries and property lines on his best view of the space. He will then write a report that will be sent to you. The report will discuss the findings and will give you an idea of where the property line should be.

Can a Surveyor Establish a Legal Boundary?

Your surveyor can only generate what is called an assumed property boundary plan. This means that what they come up with isn’t the absolute truth—rather, it’s a well-informed opinion rendered by a professional. The more information you can provide your surveyor, the more substantiation they have to work with—and consequently, the more credible their final determinate becomes. Your surveyor can only work with what is accessible to them. 

Who Pays for a Boundary Survey Between Neighbours?

When it comes to the legal dividing lines that define your ownership of land, who pays for the boundary survey? Generally, it’s either you, if you and your neighbour haven’t agreed to share the cost, or the former owner of the property, if you requested the survey before purchasing a new home. 

A land surveyor tells you where your property line is, and that information could be very important for you or the next owner of the house in the event that a future legal dispute arises over your property’s boundaries. The survey could also save you money if you are thinking about adding to or renovating the existing structures on your property.

Boundary Surveyor Cost

The boundary survey price depends on a couple of things: the complexity of the boundary dispute and the type of survey requested. Our panel of boundary surveyors needs to know two things: what is being disputed, and what you want to do. They will then undertake research and will usually access ordnance survey mapping and former registry title plans. The surveyors do this, obviously, to ensure that any outcome is as accurate as possible. Added to the research cost is the land survey itself, which can average, say, £1,000. Boundary issues need attention and if you’re facing one, make sure you’ve planned for this with any renovation work you might be doing.

How long does a boundary survey last?

Your surveyor spends a few days on average, physically present for part of the time and writing the report for the balance of the time. They nearly always gather some information on-site and some information from desktop research when preparing the report.

What is the duration of a Boundary Survey?

A boundary survey remains valid indefinitely and is not the sort of thing that people typically need to have done more than once in a lifetime (unless problems arise). Even so, in order to maintain its integrity over time (as our private and public landscapes continuously evolve), it is recommended having one done every 10–15 years, especially if ownership of the land in question has changed since the last survey.

What is the Protocol for Boundary Disputes?

In England and Wales, boundary disputes typically occur between neighbours and involve a disagreement over the precise location of the boundary line that separates their properties. These disputes can get complex at times and can be resolved only by lawyers and with the help of a judge.

As a result, these types of disagreements need a way of settling them that is systematic and organized. The Boundary Disputes Protocol offers just that. Its mission is to keep the problem from escalating and to encourage the early exchange of sufficient and reliable information about the way the properties in question are supposed to interact with each other. In most of the cases, it works to bring about a resolution that avoids a trial.

Above all, Protocol 2 outlines the benefits of using alternative dispute resolution methods to resolve disputes over property rights. In this context, it favours expert determination, mediation, and, most importantly, negotiation. The Protocol portrays these methods as entirely complementary to the customary understandings and interpretations of English property law.

Using Alternative Dispute Resolution to Solve Boundary Disputes

Resolution outside the courtroom can take several forms, with mediation and arbitration being the most common. They encompass not just the obvious reduction in the emotional toll taken on couple and family plaintiffs when their lives are put on public display and subjected to the prying eyes of court officials, but also the courtroom’s utter lack of privacy, which can be a huge public safety issue in sensitive matters. The huge sums of money involved in dealing cases in a courtroom budget are also a major factor to consider. 

How do Boundary Dispute Surveyors resolve boundary disputes with Neighbours?

Chartered Surveyors have an undeniable impact on resolving boundary disputes. They possess the requisite skills to perform competent professional boundary surveys and the even rarer ability to provide historical boundaries as grounds for negotiation toward a boundary agreement. In these respects, they serve as the independent third party in consultations for the boundary line location at issue. The surveyors are skilled to guide and provide expert opinion and help handle disputes in a more effective way. 

Is it Wise to Proceed Legally for Boundary Disputes?

Taking your dispute to court is a big step and, generally speaking, should be avoided if at all possible. Disputed boundaries are hard to litigate, costly to pursue, and they can damage the sorts of relationships you need to maintain with your neighbours. You should litigate only when there is no other way to settle your boundary dispute and only after you have tried mediation and other alternative methods of dispute resolution.

Informal Approach: informal negotiations among the parties in dispute, perhaps with the assistance of professionals, are the first step toward resolution.  When informal discussions and negotiations fail to resolve an issue, especially one that significantly impacts the value or use of property, litigation may be necessary. 

Using Alternative Dispute Resolution (ADR): if mediation, negotiation, or expert determination have not resolved a dispute, then litigation may become necessary. These mediation and negotiation processes can be exhausting and time-consuming, but if you feel strongly that you have a valid case, the support of professional advisers like chartered surveyors and solicitors ensures that you can successfully resolve the issue. 

Adverse Possession Claims: when a claim arises for adverse possession, and the situation can’t be settled in another way, litigation may be the appropriate route to figure out who holds title and to work out boundary disputes.

Protocol Compliance: ensure that all boundary dispute protocols are followed first and, if necessary, ensure that all protocol steps are completed. These steps include the adequate exchange of sufficient information to allow adequate basis judgment to the two parties resolving the issue and attempts at alternative dispute resolution (ADR) to keep the two parties litigating in a public court from doing so. If these protocols and not followed, the two federal court have to justify proceeding to the next level and making a boundary determination.

Cost-Benefit Analysis: you need to consider whether the possible advantages (like maintaining your property rights or settling an unpleasant boundary dispute that’s gone on for years) are sufficient to offset the financial and emotional toll this action could take on you.

Legal Advice: before making the decision to litigate, it is essential to have complete legal counsel in order to understand the full range of possibilities and consequences associated with going to court. A solicitor who specializes in property disputes can offer invaluable input on whether you are likely to prevail, how much the proceeding is likely to cost, and what effect the whole affair will have on you and your property.

Guide to Determine Boundary Line

Determining where the boundary line of a property rests is not an easy task. It takes the gathering and sifting of a variety of information, mainly from research into the historical record of the property. The basic process can be outlined in a few general steps.

1. Legal papers: the very first step in any dispute concerning property lines is to check the and see if they pertain to your property. These include the title and any relevant documents that are held in the local land registry. They should have descriptions and possibly even drawings or maps that show what the boundary lines were at the time of the original conveyance and at any time afterward when the property might have changed hands.

2. Examine the Initial Conveyance: for the most part, boundary disagreements are settled by going way back to the first conveyance that divided the land in question from the adjacent parcel. This initial deed is the key. How it is read—legally, linguistically, and contextually—makes or breaks the boundary. It is also possible to amend the first conveyance by persuasion.

3. Historical Review: when historians look into historical documents, maps, and photographs, they extract the essential details of the landscape they are studying. They learn about the original boundaries and how those boundaries may have been adjusted in later years. Historians also take in a long view of behaviour, tracking how human decisions and actions across the decades have added up to the appearance of the past that we see today.

4. On-Site Inspection: conduct a hands-on investigation of the region to identify recent or historical demarcation that pertains to boundaries, such as fences, screens, or axial installations. The physical presence of these elements usually signifies the main operational boundary, but the presence of past or present elements may also affect the configuration of the actual boundary line itself—sometimes in ways that aren’t always reflected in maps or other documentation.

5. Chartered Surveyor: when you are attempting to determine a boundary line, it is extremely important to engage the services of a chartered surveyor. They can work from the legal documents that describe the boundary to determine what they really mean. They can and do take very accurate measurements, and present their findings in clear, precise plans.

Surveys of Commercial Property

If you’re thinking of acquiring, leasing, subletting, disposing of, or altering commercial premises in Manchester, you would be well advised to locate a surveyor skilled in the nuances of commercial building surveying – should you spot a defect in a commercial building you can use that information to negotiate an asking price for the property that’s considerably lower than what the seller originally wanted, or you can talk your way out of a bad deal altogether. 

Our Manchester-based team of RICS-compliant commercial building surveyors is equipped to handle matters throughout Manchester.

Contact

Our team prioritizes client care above all else. We look forward to being in touch with you so you can instruct a surveyor in Manchester, London, Bristol, Birmingham or Cardiff. You can reach out to us easily. Just fill out our form, and we’ll get back to you with a free quote for your survey. All our surveyors are qualified as members of the Royal Institution of Chartered Surveyors (RICS) and we are one of the UK’s leading providers of building survey and valuation services:

The property survey you commission will be carried out by an accredited professional. Your chartered surveyor will be a member of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB), or will belong to some other industry-standard professional body. Rest assured; you will receive highest quality of professional service for your survey.

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