We have set out below information which may assist you if you are involved in a boundary
dispute. Please note that the information is of a general nature only and should therefore
not be relied upon in your dispute. We would strongly advise that you seek legal advice,
which will be specifically tailored to your particular dispute from our Nicola Jones, who
specialises in property disputes and is a member of the Property Litigation Association.
“Where is the line of the legal boundary?”
You should not confuse the line of a physical boundary feature, such as wall, fence or hedge
with the line of the legal boundary, which is an invisible line that divides your property from
your neighbour’s property. This distinction is important because although the line of the
legal boundary may follow the line of a physical boundary feature, such as a wall, hedge or
fence, it may run through the centre of such a feature or lie on one or other of its sides. In
the case of a property that is registered at HM Land Registry, it is a common misconception
that the legal boundary can be determined simply by reference to the red edging shown on
the Land Registry file plan of particular property. This is usually not the case because Land
Registry file plans are subject to the “General Boundaries Rule” which means that unless the
legal boundary has actually been determined by the Land Registry, the file plan will show
only the general position of the boundary by way of guidance.
“How do I identify the position of the legal boundary?”
In the case of both registered and unregistered land you should start with the originals of
the title deeds of your property (not photocopies) and, where possible, your neighbour’s
title deeds too. The original title deeds of your property may be in your possession or held
by a bank, building society or, perhaps deposited with a solicitor. You may need the
assistance of a solicitor to obtain your original title deeds as your lender may not be
agreeable to releasing them to you, but rather to a solicitor who can provide an undertaking
to your lender for their safe retention and eventual return. The most important document is
likely to be the title deed by which your property was first sold as it should contain a
description of the land that was sold, which may include dimensions and, perhaps, make
reference to an attached plan. Bear in mind though when considering title deeds that the
description given in the deed for the land that is being sold can sometimes be inaccurate.
There can also be conflict between the land as described in a title deed and that shown on
an attached plan. Whether the plan or the title deed takes precedence will depend on the
status
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attributed by the title deed to the plan. So, for instance, where a title deed refers to an
attached plan as being for “identification purposes only ”, it is likely that the plan was used
only to show the general location of the land, rather than its extent, meaning that the
description of the land in the title deed will take precedence over the plan. On the other
hand, a plan is likely to take precedence over a title deed which contains an unclear or
vague description of the land such as where the deed refers to the land being “more
particularly described on the plan attached hereto”. If both are unclear then it will be a
matter of ascertaining what the parties to the deed intended when they entered into it,
which will ultimately be for the Court to decide if your or your neighbour are unable to
agree or reach a compromise regarding the most likely position of the legal boundary.
“I’ve looked at my original title deeds and plans – how do I apply them to existing
boundary features?”
You should firstly start by looking at which boundary features exist on the ground now for
both your property and your neighbour’s property before applying your title deed plans to
your land. You may find this exercise difficult if your title deeds plans bear no resemblance
to existing boundary features on the ground. In addition, your title deeds and plans may not
assist you in a dispute where you and your neighbour are effectively arguing over only
inches of land. Also, bear in mind that dimensions shown on title deed plans can be
inaccurate for a number of reasons and that boundaries can and do move over time, such as
where existing buildings have been extended or new buildings constructed. Aerial
photographs and, perhaps, local historical maps can sometimes assist in showing whether a
particular boundary has moved over time. If you are unable to apply your title deeds to your
land or you have done so and found that they do not correspond with existing boundary
features on the ground it is likely that you will require the services of chartered land
surveyor to assist you and your neighbour in identifying where the disputed boundary lies
or, at least, its most likely position. We can, where appropriate, advise you at an early stage
whether a surveyor should be instructed jointly by you and your neighbour to give an
opinion as to where a disputed boundary lies, with you both agreeing to be bound by his
findings. This can save you time and money if the issues in your claim concern the
interpretation of title deeds in light of physical boundary features on the ground. Whether
or not the surveyor is jointly instructed by you and your neighbour or by you alone, it is
important that he is properly instructed. We can assist you in ensuring the proper
instruction of an expert boundary surveyor by bringing all relevant matters to his attention
and, also, by ensuring that his report is properly compliant with rules relating to the
production of expert evidence in the event of court proceedings. We will advise you
regarding your position in light of the surveyor's findings.
“The measured survey plan and report supports my position regarding the line of the
boundary but my neighbour disagrees.”
The instruction of a specialist boundary dispute solicitor can assist you in your boundary
dispute as it may save you time and money in the long term by guiding you to a satisfactory
resolution before you and your neighbour’s positions become so entrenched that it may
seem to you that Court proceedings are your only recourse for resolving your dispute. So, if
you haven't already done so at this stage, you should consider seeking advice from a
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solicitor who specialises in boundary disputes. As specialist boundary dispute solicitors we
can advise you what outcomes are likely to be achieved in your particular dispute and how
to achieve them. We can weigh those outcomes against the likely costs and risk involved in
you pursuing the matter in order to ensure the best possible outcome for you, whilst
bearing in mind the importance to you of a particular outcome. This means that we will
advise you regarding alternative methods of resolving your dispute such as mediation.
Indeed, where appropriate, the Courts expect neighbours to try to resolve their dispute by
alternative methods of dispute resolution before embarking on litigation. If litigation does
become necessary, we will try to ensure that the proceedings are conducted as swiftly and
cost effectively as possible so as to minimise stress and expenditure.
For further information, email [email protected] or telephone 029 20 621
896.
This Free Guide is intended to be for general information purposes only. It does not
constitute advice and we give no warranty as to its accuracy. It is not intended to be a
substitute for comprehensive legal advice given directly to you by a solicitor and Churchgate
Legal LLP accepts no liability arising out of the use of this Free Guide or its dissemination.
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