As we approach the end of the year our thoughts will be turning towards the Festive season and Christmas. This usually marks a lull in property sales until the market sparks back into life in the New Year. It remains to be seen if this year is any different as interest in buying property has been at really high levels over the past few months.


This month I am reverting back to issues covered in previous articles, that of boundary identification. When your conveyancer takes your instructions in a property sale they will download a Title plan from the internet which identifies the extent of the land in your ownership. Most of the time there will be no discrepancy between the actual boundaries and the position of those shown on this plan. Occasionally differences will be evident and care should be taken to check boundaries which may have been changed, sometimes many years previously. This may have been with or without a neighbours consent. Many boundary adjustments will have been done between consenting parties on the shake of a hand with a verbal agreement and nothing more is thought of the matter as everybody is happy with the arrangement. This could be to straighten a crooked line or give away an unused corner at the end of the garden. Everything is done in good faith and nobody considers the need to do anything else. Many such issues may not be picked up in a property transaction as very few people check the position of boundaries and many changes may only be of a few square metres, or less.


I have had a number of cases recently where such a scenario has taken place and I have been asked to confirm the position of the boundaries and prepare plans showing the new boundary against the original. The solicitor will then have to go through a process of correcting the discrepancy and as long as both parties are in agreement to the matter will be able to be dealt with in a straightforward manner, even if it may take a little time to go through the appropriate channels. Sometimes matters can be a little more difficult to deal with where there is a dispute between parties and in these unfortunate circumstances the only way to resolve the issue may be through the courts.

I hope you all have a wonderful Christmas and let us hope that the New Year is good to us all.