Neighbourly matters

Disputed boundaries

Sometimes owners of neighbouring properties can disagree over the precise position of boundaries separating their respective properties, particularly in a residential setting, which can lead to contentious disputes and unwelcome legal proceedings.

Fences and other boundary features tend to become moved slightly over the years and cannot be relied upon as denoting the legal position of a boundary line. Land Registry plans show a general boundary line for identification purposes, but being produced at small scale cannot be used alone to fix a boundary line precisely.

Determining the position of a boundary involves a degree of detective work, on the ground and from desktop research, and judgement.

Kingston Morehen can undertake this work and provide a report that can be used in any legal action, if necessary.

It is sometimes necessary to confirm an uncertain boundary line as part of Party Wall Act procedures.

Access and scaffold licences

When undertaking building works, for repair and maintenance, or for new construction, there is often a requirement for access across land belonging to neighbouring landowners or to erect temporary access plant on neighbouring land. This is particularly the case in more constrained, urban areas.

Permission is often granted subject to a formal licence, which sets out the terms of the access and may record the condition of the property over which consent is being granted, in advance of works proceeding.

Consent may also be required for temporary cranes, since the jib when moved might trespass the airspace above land owned by a neighbour.

Kingston Morehen can advise on the need for licences and assist with negotiating or drafting these documents.