What are the usual boundary disputes we come across?

1. The position of a fence
2. A piece of land between two properties
3. A right of way over a lane or track
4. A tree over hanging
5. A field
6. position of pipes and drains
7. extensions

what are the myths associated with boundaries?

1. I owe the left hand side of my boundary
2. The 'T' on my map shows that I own it
3. I have used the piece of land so I own it
4. I can park on private right of way if it rests on my land

How do they arise?

1. there is a change of ownership
2. issues with the land registry
3. repairing drains and pipes
4. putting up new fences
5. trees become a nuisance
6. building an extension

What you will need to prove who owns the property?

1. obtain the title deeds
2. check the plans
3. gather any historical documents or photographs
4. gather any evidence such as witness evidence
5. obtain ordnance survey maps
6. Take measurements

What steps should I take?

1. You may get a better response by taking an amicable and friendly approach.
2. but if that does not help you may want to give us a call, we can:
3. send a letter to your neighbour with the documents you have provided that prove your position
4. we can arrange mediation
5. if all fails, we will issue an application to court for you.

What if I do nothing?

1. When you sell the property/transfer there may well be issues that stop the sale/transfer proceeding
2. You may end up falling out with your neighbour and that could not only cause stress, but may devalue your property.

What defence might my neighbour make:

1. They may argue that they have rights over the land due to the time they have been using it.
2. They may claim profit a pendre (i.e they have been using the land for livestock)
3. They have a right of way

The cost:

If you instruct a Solicitor, it can be expensive. We suggest you instruct an expert lawyer in stages so you can control how much you spend. At Newbold we offer an hour consultation where we consider the evidence, advise you of your position, and if clear cut (i.e. not complicated that involves further evidence gathering) we can draft a letter to your neighbour or, give you the knowledge to meet with your neighbour yourself. Our hourly rate is £178.00 plus vat (20%).

Disclaimer: this advice should not be relied upon and is a guide only as every boundary dispute involves different issues. Always seek expert legal advice.

The cost of renting has made it very difficult for tenants to find a home. It can cause family breakdown and mental health issues.

Here is a guide that might help you stand out from the other tenants and secure that perfect rental property:

• Secure a guarantor;

This provides assurance to landlords and agents that you will be reliable in paying the rent.

• Have references from previous landlords;

Finding a good tenant can seem like a lottery when searching for tenants, so if you have references on hand to verify this, it can be very attractive to landlords.

• Have your payslip and, or, combined salary on hand to provide to landlords;

This shows an agent or landlord that you are able to afford the rent and bills for the property.

• Sign up with local agents;

By signing up with local estate agents, they will be able to keep your criteria on hand and can notify you when an eligible property is coming on the market.

• Begin looking for a new tenancy a substantial amount of time before you need to move out;

To ensure that you are able to find a suitable property, leave plenty of time to allow you to view properties and account for the high demand in the current rental market.

• Calculate your budget inclusive of bills to ensure the property is affordable; and

If you have not considered your budget when signing a new tenancy agreement, when the council tax and other bills start to accumulate, it may become apparent that the agreed rental price is not feasible. To avoid falling into arrears and future turbulence with your landlord, ensure that you have created a budget prior to signing the contract.

• Build up a deposit.

Almost all rental properties require a deposit that is, at least, one month of rent or more. This should be considered when you begin your search for a property to ensure that you are prepared to lay down a deposit for the property.

If you are experiencing issues with your rental property our team of experts is on hand to help. Details of our property litigation team can be found at housing@newboldsolicitors.com or www.newboldsolicitors.com

by Lorna Williamson

Under the Renters (Reform) Bill, that was introduced to parliament last month, landlords will only be able to evict tenants in England under certain circumstances. This includes if they want to sell the property, or a close family member would move into the property. If they do evict their tenants for the reason above, landlords will not be able to re-let their property for three months. Breaching the new rules also carries a fine of up to £30,000.

The Local Government Association (LGA) has welcomed the changes but has said that the councils would struggle to police this property as it would be the councils that would be responsible for enforcement. Therefore, the councils would need more staff and funding to enforce the ban on no-fault evictions in England effectively.

Environmental Officers believe that there is insufficient staff to investigate breaches of the new law.

Further concerns have been raised regarding the lack of staff and funding. Local Authorities argue that they are already stretched and do not have the recourses to enforce their current housing duties.

The government has said that they would fully fund any additional costs for councils. A Department for Housing, Levelling Up and Communities spokesman said: "We will continue to support councils financially so they have the right resources to put tenants first, that includes fully funding any additional costs that may fall on councils as a result of our proposed reforms."

By Elisse Ricketts

Disclaimer: the above is not to take the place of legal advice.  The above will be correct at the time of posting, but the law changes constantly and therefore the above should not be relied upon.