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.