Understanding boundary disputes
Boundary disputes arise where two or more neighbours disagree upon the position of a boundary line. The boundary may be marked with a physical marker such as a fence, hedge or wall and the dispute will relate to the position of that marker, however sometimes there is no physical marker to assist in determining the position of the boundary.
Gathering evidence to determine boundaries
It is important to fully investigate all the relevant evidence as to assist with determining the boundary. Looking over historic photographs and title deeds may assist. Evidence gathering is an aspect that our solicitors can assist with.
What the Land Registry Title Plan shows
The Land Registry maintains an online database of all registered properties in England and Wales. Although not all properties are registered, those that are will often include a Title Plan. Unfortunately, most Title Plans are prepared according to the “General Boundaries Rule” which means that the Title Plan does not reflect the exact position of the boundary. This means the Land Registry can only go as far as indicating the general position of the boundaries.
How to fix the exact position of a boundary
A boundary can be more precisely fixed by the Land Registry in two ways:
- The first is to apply to the Land Registry to request they investigate and determine the boundary; however, the Land Registry may only agree to do this in circumstances in which the Title Deed and Title Plan are inconsistent with each other.
- The second is by agreement between the neighbours. If the neighbours, following a dispute, agree on the position of the boundary line, the agreed position of the boundary line can be recorded by the Land Registry.
To record the position of the boundary line, both parties will need an accurate plan of the adjoining properties. Those plans should be prepared by a surveyor and clearly indicate upon the plan the position of the boundary line. As solicitors with expertise in boundary disputes, we can assist with the instruction of a boundary surveyor. The relevant documentation is submitted to the Land Registry for consideration.
Specialist help with boundary disputes
Our Residential Property Disputes team are specialists in resolving boundary disputes. We will work closely with various experts to provide our clients with the best advice in order that they can achieve a quick and cheap resolution to their dispute.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
