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A boundary surveyor is essential in Notting Hill, an area with a heritage of historical buildings, to ensure that modern property lines are accurate. Boundary surveyors work not only with historic structures and their adjunct buildings but across the several centuries of Notting Hill’s architecture. Whether you’re a property owner, developer, solicitor, or contractor, boundary surveys are going to play an important role in helping you with land developments, property purchases, or legal disputes.
Usually, when a house or property is purchased, not only is the structure being bought, but also the land it rests upon. It is this purchase that entitles the new owner to the rights of any gardens or landscaping, driveways, or other features that might fall within the land’s surface. However, if someone were to challenge ownership of the rights to that land and claim that it was really theirs, what then? Could a survey be used to settle the matter?
Boundary disputes can arise over anything, right down to walls, extensions, and garages. They involve what is claimed and what is not. They happen when a person believes they have a right to certain space and when the other party believes the same. Boundary surveys attempt to quell such disputes before they get much further along. The parties to a dispute first try to agree on what the boundary is before they go off to a solicitor and a courtroom.
Boundary surveys aim to resolve boundary disputes and establish the location of the boundary—where it ends or begins. They follow a set of best practices to identify this. Your surveyor begins by looking at original materials, such as the historical Land Registry and ordnance survey maps. You then bring in a chartered surveyor to do work on site. Finally, the surveyor puts together a report and a professional opinion.
A property survey does not prove anything but offers a reasonable conclusion. When you have a boundary issue and desire to know where the legal property lines are, the boundary survey is a good entry point to understand the problem better.
Of course, there are situations when it’s smart to get a boundary survey done when there is no existing dispute. For example, if you’re buying or selling a piece of property or thinking about making some big, long-lasting changes to it, you need to have a clear understanding of where the property’s legal boundaries are. In these situations, it’s best to bring in a professional boundary surveyor or a chartered land surveyor to do the job.
To commence the boundary survey, the surveyor requires details about any current boundary disputes, along with any deeds and historical information pertinent to the property and its boundaries.
Following this, the surveyor makes an initial visit to the site. While the site visit could be considered the most hands-on of the steps, it nonetheless involves some impressive technology in the surveyor’s toolkit and some artistry in the making of a site plan.
A report will then be generated and transmitted to you for review. It will cover the discoveries that were made and present an opinion on where the boundary line should be positioned.
Your surveyor can only create what is called an assumed property boundary plan. What this means is that their determination is not, by any means, an absolute truth; rather, it’s an informed opinion rendered by a professional. The more information you can provide your surveyor, the more accurate their conclusion can be. Your surveyor can work only with what they can access.
When it comes to land ownership and the legal boundaries that define it, the costs associated with surveying those boundaries often fall on you, unless you’ve worked out a deal to share the expense with your neighbour or the previous owner of the property in question.
You can employ a land surveyor to establish and mark the legal boundaries of your property. This is useful information to have for a number of reasons: when selling a house or making alterations to it. When you employ a surveyor via us, he will give you a map or plan, which you can take to the next Land Registry office you visit.
The cost of a boundary survey depends on the complexity of the situation and on when the survey is requested. The boundary surveyors you engage need to understand what is being contested and what you intend to do. They use a variety of resources to access and interpret the historical and current mapping of the land. The most informed and reasonable pathways to resolutions are what they aim for. On average, the cost is around £1,000. Do factor this into your construction budgeting if a survey is part of your future.
A boundary survey should be up to date, but doesn’t have a set expiration; it should, however, be regularly amended as properties change hands, landscapes shift, and development occurs, so that the information is clear for current and future owners regarding where a parcel of land begins and ends. Once you have had such a survey conducted, make certain to update the title plan at the Land Registry so that the information is available for current and future owners.
Usually, your surveyor will take several days to finish the survey, as they must come to your site and then go back to the office to write the report. They use what they find on-site as well as online research to guide them in generating your report.
In England and Wales, boundary disputes often occur when neighbours squabble over the precise location of the line that separates their two properties. Such disagreements can rapidly go to court.
Yet, despite being energy-draining, the boundary disputes themselves are usually straightforward. Boundary Disputes Protocol, in essence, is a program that aims to help people settle these disputes quickly and with a minimum of fuss.
Above all, Protocol 2 emphasises the virtues of using alternative dispute resolution (ADR) methods to settle disagreements. The methods include expert determination, mediation, and, most important of all, negotiation. There are said to be entirely complementary to English law and your property rights.
Not only does alternative dispute resolution process cut down dramatically on emotional and financial toll, but it also helps maintain neighbourhood relations, limits infringement of rights, and reduces costs. When you are in a property dispute, avoiding the cost of going to court is significant.
There is no overstating the part that Chartered Surveyors play in settling boundary disagreements. Competence in boundary matters comes from a combination of surveying skill, knowledge of the law, and the use of sound judgment. Disputes often arise because of misunderstandings, and it is here that the professional adviser can really help. If you can understand what each party thinks is the basis of their claim, it is much easier to work towards a resolution.
Engaging in a litigation process for boundary disputes in property law is a significant decision and should be approached with the appropriate level of caution. It is often prudent to assess whether less costly and less contentious means of resolution could be found first—especially if one is contemplating the pros and cons of damaged neighbourly relations after the fact. Boundary disputes are, of course, just one of several types of disputes that can arise in the context of property law. These are the scenarios wherein you may wish to litigate:
An Unsuccessful Informal Approach: if informal talks and direct bargaining do not arrive at an agreeable solution, then it may be time to think about going to court.
Alternative Dispute Resolution (ADR) is exhausted: if it’s come down to that, you should know that taking the matter to court is a serious step and warrants consultation with both a chartered surveyor and a solicitor. Together, they will give you a good idea of whether you have sufficient grounds to take your case to court and how much clearer it will become after you’re done.
Claims for Adverse Possession: when a clear case of adverse possession has arisen and there’s no possible way to resolve it through other means, the appropriate thing to do may be to litigate.
Protocol Compliance: ensure that every stage of the protocol concerning boundary disputes is followed. This means not only that the parties exchanged all information but also that they have worked, in good faith, to use some form of Alternative Dispute Resolution (ADR) to resolve their problem.
Cost-Benefit Analysis: weighing the possible payoffs against the actual monetary outlay and any possible psychological toll.
Legal Advice: it is essential to have thoroughly considered legal advice before making the decision to sue or not to sue. A solicitor with expertise in property disputes will be able to give insight into the likely chances of a successful outcome and the probable financial stakes, as well as the potential effects on your property and personal situation, win or lose, that the dispute might impose upon you.
The Full Building Survey report includes the following:
When it comes to the detail that the surveyor will go into concerning defects, repairs, and maintenance, the Homebuyer Survey is fairly standard. Full Building Surveys, however, are more refined and go into more detail about possible and likely defects. Repairs and maintenance are covered in more detail. The Survey cost depends on the age, size, and value of the property.
The analysis they undertake is a visual inspection. This means that, for the most part, the building components that can be seen will be looked at and assessed in accordance with the surveyor’s remit. The Home Survey Report will show you the visible defects and then go on to discuss the kinds of partially hidden or totally hidden defects that the surveyor thinks you should be aware of. It will also try to clarify what kinds of repair work need to be done and the nature of the repairs. The survey is effectively a way to consider “defects” and their potential impact on the building.
A Building Survey Report contains the most important information for understanding the condition of a property. The surveyors that undertake the work follow a set procedure. The first part of the report contains a general overview of the property and its surroundings. The second part details the major and minor problems with the property’s components, inside and out. These problems range from serious structural defects to issues with doors or windows that don’t close properly, and everything in between. The report is written in clear English, complemented by diagrams and photographs. If any of the problems found are what a surveyor might consider important, that’s what the report indicates—using clear and unambiguous language.
Surveyors usually use a tick box to indicate methods of repair when drafting a building survey report. They are also required to comment on the timescale of any repairs. A condition rating is typically included: what needs to be addressed immediately, what is in the process of deteriorating but is in reasonable condition, and what has not deteriorated at all.
A building surveyor is responsible for a variety of checks and tests during a building inspection. These could be checks or tests for damp and woodworm, or they could be visual inspections of the building’s structure. In building surveying, there are visual inspections of roofs – checking for tiles and slates (if applicable) and also checking for leadwork (if applicable) and looking at the junctions between roof and wall. If the wall structure has brick in it, the surveyor will visually check for any “spalling” (brick breaking apart visibly) and any bulging (brick failing to hold its place visibly), for example.
If defects need fixing immediately, then the options recommended for this survey specify what to repair and give some idea of how long the problem has existed. For the most part, this survey describes recommended repair approaches that are standard in the industry and that do not require excessive expenditure. Future maintenance is also discussed, including what to expect when the problem being surveyed is not repaired and what to expect with repairs that are made but with questionable methodology.
Your surveyor will explain some of the legal aspects of purchasing the building, covering—in as much or as little detail as you desire, and their implications, but this is subject to your solicitor verifying.
You might consider having a separate market valuation done to determine whether the property’s asking price is warranted. You’ll also need a reinstatement cost valuation for insurance reasons.
Establishing the property boundary line is not a simple task; it calls for the gathering of information from historical research, and a decade’s worth of professional skills applied to surveying the situation. The following are the general steps one would take to accomplish this job:
A Schedule of Dilapidations is a legal document that serves to enforce a lease. It helps ensure that a tenant follows the rules of the lease and returns the property to the landlord in good condition. Our panel of surveyors are happy to protect the interests of both landlords and tenants by drawing up a Schedule of Condition or a Schedule of Dilapidations, whichever best suits the needs of the leaseholders involved. To discuss your specific situation and determine which document might work best for you, call our professional team today.
Looking for a Chartered Surveyor? If you are buying a property, contact us for a building survey. Our panel of CIOB, RPSA and RICS surveyors will help you with the Level 2 or Level 3 property survey you need in Notting Hill. We can also assist you in Red Book Valuations, Party Wall Awards and other services. Reach out to us today for building surveyors, valuers and party wall surveyors in London!
