| 25th April 2006 |
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There have been an
increasing number of house sales in recent
years particularly amongst those who are
already home owners who want to move to
better properties. The low level of interest
rates, improved salaries and an opportunity
to release equity have all contributed
to this trend. The average home owner
moves roughly every 5 or 6 years. This
has brought about an increasing number
of disputes as to where a particular boundary
between properties may be. |
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The popularity of property
makeovers have caused many to make wholesale changes
in their gardens, particularly along their boundaries.
Hedges grow quickly, fences fall down and are
replaced and walls are demolished and rebuilt
with more modern materials. It becomes increasingly
difficult for the homeowner to know where the
boundaries to the property really are. |
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This
is where LandSearch can help. We are experts in
providing the information to help resolve this
type of dispute. We can provide the title deeds
and plans for the owner’s property and for
the adjoining property or properties. This can
be done without the consent or knowledge of the
other parties involved. This information is a
matter of public record and is available to those
who are prepared to pay a relatively small fee
to search for the information. |
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Once the owner is in possession
of the title deeds and plans and other documents
supplied by LandSearch it is usually apparent
as to what rights belong to who and a discussion
with the neighbour, supported by the documents
provided, is usually all that is needed. If agreement
cannot be reached it may be necessary to instruct
a surveyor. He will require the documents supplied
by LandSearch before he can offer advice. Often
the cost of the surveyor is borne by both property
owners. Normally agreement is reached, a detailed
plan drawn and a formal boundary agreement (or
a Transfer if part of the property is to be transferred
to the adjoining owner) is executed and registered
at HM Land Registry. |
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The Land Registration Act
2002 states “This title plan shows the general
position of the boundaries: it does not show the
exact line of the boundaries.” The Land
Registry is not responsible for defining boundaries
and usually does not know precisely where the
boundary is. However, many of the Registered Documents
held by the Land Registry contain detailed maps
and plans, boundary structure notices and party
wall agreements. These documents are supplied
as a matter of course by LandSearch when instructed
to apply for a Boundary Disputes Search. |
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LandSearch is the only independent
company to offer a complete Land Registry Service
for the whole of the UK and Ireland. It can supply
boundary dispute searches, index maps, main title
deeds and plans, name of owner searches, history
and manorial searches, bankruptcy and company
searches, searches of properties with no postal
address and more. |
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