What every property owner should know

Boundaries are shown on a large scale Ordnance Survey plan held by the Land Registry.  Each registered title has a title plan.  This shows your properties physical rather than legal boundaries.  The general boundary rule in the UK means that boundaries indicated on title plans may not be accurately represented on the ground.  

The Land Registration Act 2002 allows you to determine and record the exact line of your boundaries on a registered title, so avoiding any future boundary disputes.

What happens for instance if a neighbour complains that a new wall is overlapping their land or if their new extension takes up part of a pathway between your houses?

A minor disagreement can quickly become a full-scale dispute involving solicitor’s letters and the threat of court action.  Even more damaging are the costs involved.  In London, a one square metre piece of land may be worth around £600.  The cost of protecting your right to that land could be up to 100 times that much.  Therefore, it pays to think hard before taking legal action.

What you should do

Unless you are experienced in this area it is prudent to engage a specialist to look at all aspects of the problem and advise you on whether you have a case or not.  A land surveyor can survey the land, check deeds and the plans attached to them and refer to historical documents and aerial photographs

Accurately identifying the boundary between properties needs specialist knowledge.  The red line drawn around a property on a 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 indicate exact boundaries.  Thus a line surrounding a property is not necessarily the property boundary.  A boundary can change over time for many reasons: a diverted water course, or a wooden fence that moves slightly each time it is replaced.  The reason for such changes is rarely recorded and can lead to disputes, especially if the owner has lost the right to move the boundary line back to its original position.

Dealing with disputes

If a dispute can not be resolved between the parties, the only way to resolve the dispute quickly and efficiently is to employ an expert as possible.

Before you engage an expert to work on your behalf check the following:

Are they experienced in mapping and land surveys, the latest civil procedure rules, preparing reports for court and acting as an expert witness in court?

The matter may ultimately be resolved before going to court or the court may define the boundary line and issue an order to that effect.  A chartered land surveyor can then mark out the boundary line.  They may supervise any fencing or building contractors to ensure there are no further arguments.  

Ensure that they prepare a new plan showing the agreed boundary line for the Land Registry.

The Local Authority does not have a role in resolving boundary disputes.

The RICS can help you find a chartered land surveyor in your area.

The Royal Institution of Chartered Surveyors,
12 Great George Street, London SW1P 3AD.

Tel 0870 333 1600
Fax 020 7334 3822
E-mail contactrics@rics.org
Web www.rics.org

The Association of Building Engineers (ABE) may also be able to help you find a specialist in your area.

The Association of Building Engineers,
Luytens House, Billing Brook Road, Weston Favell, Northampton, NN3 8NW.

Tel 0845 126 1058
Fax 01604 784220
E-mail buildingengineer@abe.org.uk
Web www.abe.org.uk

This information was correct at the time of writing (February 2007)

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