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 gather any historical documents or photographs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.

WILL MY BOUNDARY DISPUTE DEVALUE MY PROPERTY, MAKING IT HARDER TO SELL?

BOUNDARY DISSPUTES WHAT DO THEY MEAN

A boundary dispute is quite simply and issue over a right of way, a dispute over access, or when neighbours have disputes over a parcel of land. This could be a small piece of land that involves a hedge that has encroached on your land, or may be a tree where the roots are causing damage. It may be an issue over a cess pit, or knot weed that started on a neighbouring property but has now spread to your property.

It is never helpful to have a neighbour dispute if you are in the process of selling your property, or at all. If the dispute has become more than a few cross words exchanged, then any disputes should be disclosed in the property information form.

This PIF must be completed by the seller and given to the buyers solicitors when the conveyancing process is being completed. It may effect the sale of the property if there is an unresolved dispute, but, if you do not disclose a dispute then the buyer could hold you responsible for mispresenting the property and look to you for damages/compensation to put right the dispute after sale.

Also, if there is a piece of land that one person believes is theirs and the other person disagrees, then it will be identified by any buyers solicitors as an issue that needs to be resolved before a successful sale can proceed.

If you are thinking of selling your property and envisage that there will be issues upon any sale, then it is very important that you resolve those issues quickly and efficiently before the sale progresses. We at Newbold have a team of 8 who have the experience, enthusiasm and dedication to support you, resolve any boundary/neighbour issues and take away the stress. We work closely with our large conveyancing team to ensure the sale proceeds quickly and cost effectively for you.

Disclaimer: the above does not replace getting legal advice; all cases are different and need a different approach to resolving them. Please call Newbold if you have a problem that needs to be resolved before sale or purchase and we will be happy to help you resolve it

TOP TIPS FOR LANDLORDS AND TENANTS - A GUIDE TO YOUR RIGHTS AS A LANDLORD AND A TENANT IN ENGLAND.

THIS BLOG RELATES TO PROPERTIES IN ENGLAND AND NOT WALES

There are so many complex changes in housing law that we cannot cover them all here. We will address a few of the numerous questions that we are asked. We therefore ask that if you have any questions relating to your tenancies, that you contact our dedicated housing team who will be delighted to help you.

Here are just a sample of questions we have been asked to address:

Rent increases:

The first step is to check the tenancy agreement. It is unusual for a rent increase to be permitted within a fixed term contract. Rent can only be increased once a year. A rent review maybe contained in the tenancy agreement. A Tenant can ask for their rent increase to be reviewed if they feel the rent is too much and is unreasonable (Form Rents1 from GOVT.UK) If a rent is reviewed by a tribunal then the rent can go up as well as down. So it is sensible for both a landlord and a tenant to check the local market rent.

If the fixed term of a contract has expired and the tenancy becomes a 'rolling contract', then the Landlord may either offer a new contract (possibly with the increase in rent), or serve notice if the tenant confirms that they cannot afford the new rent in the new contract.

If you are a landlord who is looking to increase their rent then please call one of our knowledgeable and friendly team for support and guidance.

Deposit

A deposit is usually taken to cover any damage (over reasonable wear and tear) caused by the tenant or a pet etc. It should not be more than 1 weeks rent. The Landlord should register that deposit within 30 days of receiving it. If the deposit is not registered in a qualifying scheme, the tenant is due damages/compensation. If you are a tenant and you want to check if your deposit has been registered then you can visit the DPS and/or TDS website. Along with the deposit being registered the tenant should be provided with a guide.

If the deposit is not registered, then there will be issues with obtaining a possession order.

There are ways of still recovering possession, but we suggest you call our housing team for further help.

Eviction

Landlords can evict a tenant if they follow the correct procedure. All the regulations must have been complied with and they must have served a valid notice. Currently in England there are two notices; a S8 notice (for breach of contract) and a S21 (no fault evictions). Westminster will be banning no fault evictions in England and please keep in contact with us so that you can be updated on this. The vast amount of notices that we are given to review are unlawful, it is important for both a landlord and a tenant to have their notices reviewed or (in the case of a landlord) drafted correctly, as lost time costs money. For a tenant, they may not have to leave a property if the notice is invalid.

Disrepair - what are tenants rights where there is damp or damage to a property?

A property must be in a 'good state of repair' in order to be suitable for renting out. The property must be fit for human habitation. The property must have all essential services in good working order (gas, heating, electric, water). The structure of the property must be in good order (windows, rooves etc).

The law has been extended now to cover such things as 'condensation', and this is contained in the housing act 2002.

A tenant who has a complaint should contact their local authority and ask for an environmental health visit. An environmental health officer can serve a notice on a landlord forcing the repairs and handing out fines.

A tenant can claim damages/compensation for any breaches of the repairing covenant.

Can I have pets at the property?

It is difficult for a landlord to unreasonably refuse a well behaved pet. There are measures in place that will soon be made into law, stopping landlords from preventing well behaved family pets from living at a rental property.

Disclaimer: the law in England and Wales is very different and they are constantly changing and developing. The above is for guidance only and not meant to replace legal advice. Please speak to our team on individual issues and we would be delighted to help and assist you in this complex area of law.