Boundary Demarcation and Disputes

Owing to the nature of the general boundary system currently in use in the United Kingdom, there are occasions when disputes arise as to the correct position of legal boundaries between parcels of land. As a Chartered Land Surveyor, I can assist land owners in the interpretation of the plans to give them a better understanding of the measurement and mapping process undertaken by the Ordnance Survey and The Land Registry.

Land owners with a strictly legal dispute are advised to contact their solicitor in the first instance who will advise if, in their opinion, a survey is required. However, some owners prefer to contact the surveyor first to check that their measurements (and feet/metre conversions and/or area calculations) are correct before proceeding with any form of litigation. All land owners should initially attempt to solve any boundary dispute by negotiation with the other party, as involvement of solicitors and surveyors can be very expensive, as can protracted litigation in the courts.

I am not a legal expert (you need a solicitor for that) but I have professional training and qualifications in measurement and mapping. It is almost impossible for me to understand your problem over the telephone, as I need to see the site of the dispute, and I therefore offer a one hour consultation (day, evening or weekend) to visit the property, talk through the problem and see the legal plans. At the end of this I will give you my opinion regarding the viability of taking further legal proceedings, and also the costs of any surveying work required.

All aspects of the involvement of surveyors in boundary disputes/demarcation are covered by practice statements and guidance notes published by the Royal Institution of Chartered Surveyors, but these are only valid and enforceable if you employ a Chartered Surveyor. The RICS also require their members to have a complaints procedure.

Under the above practice statement, any Chartered Surveyor involved in a boundary dispute is required to be impartial. I will look at the situation from a detached and factual viewpoint and will advise whether to consider your case to be viable or not - all irrespective of which party is involved in paying my fee. Solicitors, lawyers and barristers are partisan, whereas surveyors and other expert witnesses are impartial.