Boundary Dispute Case Study
First Title helped to resolve a homeowner's boundary dispute with an adjoining owner. Mr and Mrs Adkins had a problem. It started when they bought their dream home in Buckinghamshire. The rear boundary of their new property was clearly marked by a fence. The seller of the property stated that the boundary fence had been in its current position for many years. In 1999 their neighbours had asserted that a triangular piece of land within the rear boundary was theirs but matters had not been taken any further.
Mr and Mrs Adkins did not want to lose their dream home, but nor did they want to become embroiled in a boundary dispute. Their solicitor advised them to take out a title insurance policy with First Title.
The policy would enable the purchase to proceed and protect them if things did go wrong after they moved in. Sure enough, shortly after completion the neighbour's surveyor wrote a letter contesting the position of the rear boundary fence and also confirming that steps had been taken at the land registry to prevent the disputed area being registered in the Adkins name.
Fortunately for the Adkins they had the benefit of a title insurance policy from First Title. Within a few weeks, First Title had instructed lawyers and surveyors to resolve the dispute on their behalf.
The position of the rear boundary fence has now been confirmed to the satisfaction of all concerned and the Adkins' registration has been completed without any problems, so any future sale of the property would not be prejudiced.
The claim was covered under First Title's policy that protects against actual monetary loss or damage incurred because a neighbour claims they have an interest in the Insured's land. In addition, First Title's policy covered the legal and surveyors costs necessary to resolve the dispute.
Mr and Mrs Adkins avoided the stress and expense, which normally arise in these situations and were pleased that they chose to insure their purchase through First Title.
"First Title provided a quick and efficient service to overcome a problem which could have ultimately ended up in Court. They were proactive in getting an agreement first and foremost, but at the same time were prepared to fund Court proceedings if necessary. We feel First Title provided a first-class insurance service."