Please note that this News item is not maintained, and reflects the law as at the date of publication or update.
This article discusses the principles which are used to identify the boundaries between neighbouring properties or parcels of land. Issues between landowners can arise where the boundaries between adjoining properties are unclear.
The starting point for determining a property’s boundaries will depend on whether the land in question is registered (at HM Land Registry) or unregistered.
Where land is unregistered, the starting point for identifying the boundary is to consider the first conveyance (or other document) by which the land was separated from the land around it and any accompanying plans.
In contrast, where land is registered, Land Registry title plans provide a guide as to the position of the boundary. Land Registry title plans are available to download from the HM Land Registry website for a small fee. The Land Registry title plan is a map showing the land included in the property’s Land Registry title, with the boundaries usually edged red.
However, it is important to note that Land Registry title plans are not definitive. HM Land Registry plots the red line using Ordnance Survey maps to show the general boundary in relation to physical features on the ground such as walls or fences – this is known as the ‘general boundaries rule’.
The general boundaries rule means that the red line on a title plan only shows the general position of the boundary and does not determine the exact line of the boundary. In the case of a dispute about the precise location of a property’s boundaries, the title plan alone cannot be relied upon. In addition, it is necessary to consider any pre-registration deeds that might show more precisely the extent of the land included within the title. If the pre-registration deeds aren’t conclusive (which is often the case as often they will not include measured plans), the next step will be to consider any other evidence of the historic position of the boundary, such as physical features on the ground (e.g. tree lines, hedges, fences or walls) and other documents, such as aerial photographs.
In some cases, where the physical boundaries on the ground do not match the legal boundaries, a claim for adverse possession may be available. Adverse possession claims may be an option when someone has occupied land over a long period without the permission of the owner – the applicant brings a claim to be registered as the legal owner of the land in place of the registered owner.
We strongly recommend you take steps to ensure you understand the extent of any property and land you may be purchasing or selling. This may include taking advice from a boundary surveyor to ensure the boundaries as they appear on the ground adhere to the legal boundaries of the land. Unresolved boundary disputes can lead to problems selling property or securing lending against it.
The majority of boundary disputes are capable of being resolved via agreement, often following some discussion and negotiation between the parties. If it’s not possible to reach an agreement, the court can determine the position of the boundary on an application by either party.
We are experts in resolving boundary disputes, whether by agreement, negotiation or court proceedings, and advising on adverse possession claims, or any other matters relating to land and buildings.
Do contact us on the number below if you require assistance.
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