Property & Land Boundaries Checklist
Property ownership and rights of use are basic attributes of land and buildings. It can be surprising the amount of issues that can arise in terms of easements, including rights of ways and wayleaves, and also incorrect deed maps or mis-placed boundary fences, to name but a few.
Any uncertainty of the extent of ownership or rights of access may have substantial drawbacks in terms of the property value and general enjoyment of that property. Certainty at pre-contract stage is highly recommended to ensure that any issues will not arise when the conveyance stage is complete.
As the pressures of development increase in today’s society, particularly in urban areas, boundaries and other incorporeal rights gain greater importance, both economically and socially. Householders extend their houses and build conservatories often up to their boundaries, and developers are no different in wanting to maximise the use of their equally valuable and scarce land. Boundary issues that arise between adjoining properties are frequently difficult to resolve. They can lead to costly litigation with uncertain outcomes. Difficulties in resolving such issues are often compounded by inconsistencies
between the deed map, the land registry map and the position of the physical boundary, whether it be a wall, post and wire fence or hedge, on the ground. If the ownership of either property changes, or if a lease assignment is granted before a boundary issue is resolved, additional legal issues such as issues of entitlement may arise and it becomes considerably more difficult to resolve. Such instances frequently go to litigation. It is therefore advisable to identify and resolve any such boundary inconsistencies before acquiring an interest in a property
|Property & Land Boundaries Checklist|
|boundaries_checklist...pdf (786.16 KB)|