This is known as a Civil Procedure Rules Part 35 (CPR35) compliant report. If litigation is anticipated, then it is likely to be prudent to produce a report that complies with the requirements for using in court as Expert Witness evidence. This recourse should not be considered lightly as the costs involved may be significant. If you are unable to resolve your dispute amicably the next step is to consider litigation and possible determination by a Judge. This is then formally logged by HM Land Registry against the affected titles and is bound to the titles forevermore. There are two routes that can be taken at this point ġ) Formal Boundary Agreement – This agreement would bind the parties to the outcome but would only persist for the lifetime of the signatories.Ģ) Determined Boundary Application – This agreement requires a specific type of plan with coordinates and dimensions applied as well as a declaration by the Surveyor confirming the reliability of the data. If all parties agree on how the matter is to be resolved, then an agreement can be drawn up either between yourselves or by your solicitors (we recommend that your solicitors are involved). This type of report will usually be required by your insurer, in the first instance, should you be wishing to call on your household insurance to manage and fund a claim.įollowing on from the advisory report the next steps are typically as follows: The report will outline our professional opinion on the situation at hand, and will provide an informed view that can be used as a decision-making tool in judging whether to proceed to litigation or engage in open dialogue with the other parties. This is usually comprised of a site survey and desktop analysis against the documentary evidence. There are several approaches that can be taken to help resolve a boundary dispute:Īn advisory report is the logical first step in determining the facts of the situation. In circumstances where there may be a breakdown in trust and communication between disputing parties this is central to amicable resolution. Working under RICS regulation and adhering to best practice, our calm and independent approach will provide all parties with confidence in the reliability of the information that we provide. A boundary survey and appropriate analysis provides a robust way of establishing the facts to help resolve these disputes in a calm and professional manner. A final survey map is then prepared showing the boundary location, existing and new monuments at corners, encroachments, legal description and certification by the land surveyor.īoundary surveys are recommended (often required) for the following: land transactions, basic design, home additions, property line marking, boundary line disputes, area calculation, flood zone determination and much more.A boundary survey is usually needed if there is a dispute between two or more parties who disagree on the location, ownership or liabilities of a boundary. After the licensed surveyor analyzes and computes the property boundary, iron rods are set at property corners where missing. This information will then be analyzed and compared with the recorded deed for the subject parcel to determine the property boundary. The surveyor will locate and measure the found evidence in the field such as existing property corner monuments, subdivision corners, section corners, fence lines and any evidence of occupation. These codes apply to every survey performed in the State of Wisconsin and all licensed surveyors are required to follow them. To perform a proper boundary survey, it all starts with abiding and following the minimum standards laid out in A-E 7 of the Wisconsin Administrative code for minimum standards for property surveys. Rutzen Survey Services completes boundary surveys, typically known as Plat of Survey’s all throughout Wisconsin.
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