What is a boundary?
Land Registry records the general position of the boundaries in each registered title using an adapted large scale Ordnance Survey plan.
This Title plan may not accurately represent the true ground positions of the boundaries. The Land Registration Act 2002 allows you under certain conditions to determine and record the exact line of your boundaries on a registered title, to avoid any future boundary dispute.
But what happens, for instance, if a neighbour complains a new wall is overlapping their land, or their new extension takes up part of a pathway between your houses?
A minor disagreement can quickly become a full-scale dispute involving solicitors’ letters and threats of court action. Even more damaging are the costs involved. Ultimately, the cost of protecting your right to land in court could be 50 or 100 times as much, so it pays to think hard before rushing into legal action.
Resolving boundary disputes
Accurately identifying the boundary between two properties often requires specialist knowledge.
The red line drawn around a property on the Land Registry plan only shows the general boundary. It does not identify whether the boundary runs along the centre of a hedge or along one side of it. Ordnance Survey maps are equally unreliable because, as part of the mapping process, they do not mark exact property boundaries. So a line surrounding the property is not necessarily the property boundary. Furthermore, at the standard scale of 1:1250, the red line would be over 1m wide in reality, making it a very unreliable measure of the true boundary conditions.
How we can help
The key to resolving a dispute speedily and successfully is to seek expert advice as soon as possible. We will undertake an initial assessment of the boundary problems and can advise whether or not you have a case.
We can investigate the boundary onditions, check the property Deeds and Title documents, prepare any necessary technical data that may help resolve the dispute at an early stage and, if necessary, provide a Court with the appropriate Expert Witness advice and information needed to make a judgement. We can also advise on alternative dispute resolution procedures, which would avoid the need to go to Court.
If you can settle the matter before going to Court, or if the Court defines a boundary line and writes an order, we can further assist by drawing up a new boundary plan to the required specification, showing the agreed boundary lines for submission to the Land Registry as a determined boundary.
Please contact us for more information and a free no obligation consultation.