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Boundary issues are not all that common, but disagreements can quickly escalate so should be dealt with as quickly and as diplomatically as possible.
You don’t give a reason for asking, so here’s a few scenarios…
Most often, neighbourly disputes are over the ownership of fences. This isn’t always clear on Title Deeds or Land Registry plans, so the quickest, easiest and cheapest solution is to ask others up and down the street. A pattern should emerge, enabling you to determine which fence belongs to which property. If not, factors like the previous maintenance history can be considered. It’s also worth checking the Property Information Questionnaire completed for your conveyancer by the previous owner.
If a neighbour has moved a boundary fence, that is of more concern. It may be a genuine mistake or agreed with a previous owner of your property, but if not, you are within your rights to ask your neighbour to move the fence back to its original position.
Spreading/overhanging vegetation can also cause problems. Here, the law entitles you to trim it back to the boundary line, so long as you don’t trespass in doing so. The cuttings still belong to the tree owner, so should be offered back to them and if they don’t want them, it’s your responsibility to dispose of them. Ensure trees aren’t subject to a TPO, or that you’re in a Conservation Area, and bear in mind that you’d be negligible if the tree becomes damaged as a result.
The same principle applies to overhanging fruit – it belongs to the tree owner so if you pick it, it should be offered back to them. If not, it’s considered theft under the Theft Act 1968.
Conversely, leaves fallen from a neighbours’ tree into your garden are your responsibility – you have no right to ask them to come and sweep them up.
Whatever the dispute, first try to resolve it calmly and reasonably with your neighbour. If all else fails, you could take the formal route via a solicitor but in most cases, there’s a compromise to be reached.
For more information, or if you have a question, get in touch on 01392 204800 and we’ll be pleased to help.
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Legal indemnity insurance basically provides financial protection to a purchaser, seller and lender against the possibility of financial loss or third-party claim arising from any shortcoming in the conveyance. Since you have been recommended to take out this cover, it suggests that your solicitor has identified a potential problem.
Indemnity policies can cover a whole range of legal irregularities that are usually low risk and either can’t be resolved or would be very costly/time consuming to do so - cases involving a possessory title, lost or poorly-worded legal documents, issues of access, lack of planning permission or building regulations certification, etc.
Policies can also cover losses or claims arising from more unusual legal anomalies or risks involving flying freeholds, rights of light, restrictive covenants, chancel repairs, properties on unmade roads, and absent freeholders, for instance.
If it is possible to solve the underlying problem then it’s always best to do so, of course, but if this simply isn’t an option then the legal indemnity insurance mitigates the risk of any future legal challenges and enables the transaction to proceed in the normal way.
Once it is arranged and paid for, indemnity cover runs in perpetuity so can be transferred from owner to owner. It benefits the seller as well as the buyer, so there is an argument for each of them to pay the premium.
However, taking out a policy will undoubtedly minimise the timescale of the conveyancing process for your sale, so it’d be advantageous to get it in place sooner rather than later. The cost varies depending on the policy, but cover typically costs between £20 and £300.
If you’d like any more information, or you’d like to discuss specifics, call us on 01392 204800.
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