Property Boundary Issues in Scotland: Resolving Disputes and Avoiding Pitfalls
Property Boundary Issues in Scotland: Resolving Disputes and Avoiding Pitfalls
When buying or owning a property in Scotland, it’s important to know exactly where your property’s boundaries lie. Unfortunately, boundaries can sometimes be unclear or disputed, leading to disagreements between neighbours. In this article, we’ll explore how boundary disputes arise, the steps you can take to resolve them, and how to avoid common pitfalls.
What is a Boundary Dispute?
A boundary dispute occurs when two or more parties disagree about the location of the dividing line between their properties. This can arise for several reasons:
The boundaries shown on the title deeds may be unclear or outdated.
A fence, wall, or hedge may have been placed in the wrong position.
Neighbours may have different understandings of where the boundary lies based on historical or informal agreements.
Understanding Your Title Deeds and Plans
In Scotland, property boundaries are usually described in the title deeds and shown on plans. These plans should be part of the Land Register, which contains the official records of property ownership. However, some titles are still recorded in the Sasine Registers, as was the norm for a considerable period of time. These titles often have very dated plans or in some cases no plan at all which makes the interpretation of the boundaries all the more complex. These titles will not move into the new electronic Land Register until “a dealing” happens on them, essentially some form of transfer or the addition of a mortgage over the property. It is usually at this point that any issues with the boundaries arise when solicitors request a “plans report” from the Keeper of the Land Registers of Scotland which provides a comparison of the boundaries noted in the title against the physical features shown on the latest version of the OS Map. Plans can sometimes be imprecise or open to interpretation. For instance, the older plans referred to previously, may show boundaries drawn by hand, which can make it difficult to establish the exact line.
It’s also worth noting that boundary features like fences or walls may not always reflect the legal boundary. Just because a fence has been in place for many years doesn’t necessarily mean it accurately marks the boundary.
Common Causes of Disputes
Boundary disputes often arise due to:
Building or landscaping work: Neighbours may disagree about whether new structures, such as sheds or extensions, encroach on their property.
Access issues: Shared driveways or pathways can be a source of tension if one party believes the other is overstepping the boundary.
Historical misunderstandings: Long-standing assumptions about where the boundary lies can create problems if they don’t match the legal description in the title deeds.
Steps to Resolve a Boundary Dispute
If you find yourself in a boundary dispute, there are several steps you can take to resolve the issue without escalating the matter. However the most important element to understand is what is contained in your title deeds, you should be clear in your mind as to what your boundary consists of prior to raising the issue with anyone, let alone the party you feel has encroached on your property. If you are still in doubt on this point you should engage a solicitor to check the title for you and report back to you on this point. As noted, some titles may be different to interpret due to the age and type and if your titles are of this type then we would strongly recommend voluntarily registering your title onto the electronic Land Register and then this will provide you with a much clear defined picture of the boundaries of the property. Aside from this there are ways to address the issue without necessarily the need for legal intervention.
Talk to Your Neighbour:
Often, boundary disputes can be resolved through open and friendly communication. Your neighbour may not even be aware that there is an issue. Try to reach a mutual agreement on where the boundary lies.
Check the Title Deeds for your neighbour’s property:
If you can’t agree, the next step would be to review the title deeds for your neighbour and Land Register plans. It has been known for there to be an error in registration and whilst the same area should not be transferred twice parties have been known to share areas resulting ina competing title. These documents will usually provide a clearer picture of the boundary, although they may still need interpretation or in some cases, rectification where there has been an error.
Instruct a Surveyor:
If the plans are unclear or you can’t agree, it may be worth instructing a professional surveyor to help determine the boundary. A surveyor can carry out a physical inspection and use their expertise to interpret the legal descriptions.
Mediation:
Mediation is a cost-effective way of resolving disputes without going to court. A neutral third party can help both sides reach an agreement.
Seek Legal Advice:
If discussions and mediation fail, you may need to seek legal advice from a solicitor. They can help you understand your rights and, if necessary, assist with taking the matter to court. It goes without saying that you should have the titles interpreted first and you should always be aware that significant costs are to be expected in running a court action of this nature
Avoiding Pitfalls
Boundary disputes can be stressful and costly. Here are some tips to help you avoid falling into common pitfalls:
Understand Your Title Before You Buy:
Before purchasing a property, carefully review the title deeds and plans with your solicitor. This can help you spot potential issues early on. As part of the process your solicitor will ask for details of any ongoing boundary disputes but by the same token your solicitor will rarely have seen the property and will be looking at this simply through the prism of the titles themselves so if something doesn’t quite look right, flag this up to them without delay.
Clarify Boundaries Early:
If you’re unsure about the location of a boundary, clarify it with your neighbour as soon as possible. This can prevent misunderstandings later on.
Document Agreements:
If you and your neighbour come to an agreement about the boundary, make sure it’s properly documented. This could be done through a written agreement or a plan lodged with the Land Register.
Be Mindful of Adverse Possession:
In Scotland, ownership can be obtained through a legal process known as adverse possession where an area of ground is registered and then occupied openly peaceably and without judicial interruption and then forms part of the title to the person claiming the same after a sustained period. Be aware of your boundaries and act promptly if you believe someone is encroaching on your land.
Conclusion
Boundary disputes can be a headache for property owners, but many issues can be resolved through clear communication, professional advice, and proper documentation. By understanding your title deeds and taking steps to resolve any disputes early, you can avoid lengthy and costly legal battles.
If you are facing a boundary issue or simply want to ensure that your boundaries are correctly understood, seek professional advice from a solicitor or surveyor to help protect your property rights.
If you have any questions related to your title deeds or the boundary for your property, please contact our experienced Residential Conveyancing Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.
