2020-03-14
Legal Articles

Will the 'Land Registry Title Plan' identify the correct position of my boundary?

Home / Knowledge base / Will the 'Land Registry Title Plan' identify the correct position of my boundary?

Posted by Mary Rouse on 18 November 2013

Mary Rouse - Property Litigation Lawyer
Mary Rouse Partner

Boundary disputes arise where two or more neighbours disagree upon the position of a boundary line. Often 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.

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.

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 will usually 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. That plan should then be attached to a signed Boundary Agreement and filed at the Land Registry.

The Boundary Agreement should be prepared by a specialist solicitor.

Wright Hassall LLP’s Residential Property Disputes team are specialists in resolving boundary disputes. We 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.

About the author

Mary Rouse

Partner

Mary is an experienced property litigation lawyer.

Mary Rouse

Mary is an experienced property litigation lawyer.

Recent articles

30 July 2020 Rethinking the landlord / tenant relationship

We have been following the travails of the high street for over 12 months where changing shopping habits, business rates and rent increases have been contributing to a growing strain on many landlord / tenant relationships. The Covid-19 pandemic has not only turned a bad situation critical for many retailers and hospitality venues but has also turned the spotlight on the wider commercial sector too. Almost all businesses operating across the country have suffered financially to a greater or lesser extent as result of the economic downturn precipitated by the imposition of lockdown in March.

Read article
30 July 2020 Bankrupts fail in claim to have interests in land revested in them

The claim by Mr and Mrs Brake (Brake v Swift), heard in the High Court in May, to have a cottage and adjacent land revested in them under Section 283A of the Insolvency Act 1986, was set against a background of convoluted litigation extending over a number of years, described by Matthews HHJ as ‘complex’. The claimants had been made bankrupt in 2015 and the matter before the Court concentrated on whether or not the property concerned was, indeed, the claimants’ principal residence at the time of the bankruptcy.

Read article
29 July 2020 Remote witnessing of wills – a sign of the times

The law governing how a will is witnessed dates back to 1837 and for good reason. The requirement for two people (neither of whom can inherit from the will they are witnessing) to be physically present at the signing of a will is designed to, among other things, prevent fraud and the exercise of undue influence. That is, until the Covid-19 pandemic struck.

Read article
Contact
How can we help?
01926 732512
CALL BACK