Boundary disputes are a common issue in the UK, often arising due to unclear property boundaries or encroachments. These disputes can escalate, often leading to legal battles, which are costly and time-consuming. Common causes include ambiguous property descriptions, natural and manmade changes to the landscape, and historical inaccuracies in land records. As Chartered Building Surveyors, we resolve these disputes by using a structured approach, and utilising various tools and legal frameworks to ensure a fair outcome as part of the boundary dispute resolution.
HM Land Registry plays a crucial role in property ownership and boundary determination. While the Land Registry provides general boundaries on Title plans of registered land, these are not definitive. Title plans are based on Ordnance Survey maps, which might not reflect precise measurements. The General Boundary Rule under the Land Registration Act 2002 states that boundaries shown on a Title plan are indicative rather than exact, so this rule helps prevent minor discrepancies from becoming legal disputes. The red line from the Title plan, when scaled up, can be as wide as 1-1.5m; this is often wider than the area of land in dispute, so when clarity is needed, further evidence and surveys are necessary.
Option 1: a simple boundary agreement:
This is the simplest and most cost-effective option if both owners can agree on the location of the boundary. It could be argued that an agreement to demarcate an unclear boundary is binding on the parties and binds successors. In circumstances where there is clearly a transfer of land involved, the parties may wish instead (or following the boundary agreement) to formally transfer or convey the land with Land Registry (we recommend appointing solicitors to ensure this is done correctly). Only then, on registration, will the transfer be effective at law; this is so even if only a small or trivial amount of land is involved.
Where the owners agree on the position of the legal boundary, and where there is no particular reason to doubt that this was the position of the legal boundary, and they want to try to stop any going-back on the agreement, particularly when one of the properties is sold, then it might be appropriate to have the agreement put into writing and recorded in the individual registers.
If desired, the owners can then apply to the Land Registry to alter the register for the relevant Titles, or transfer any land if required.
Option 2: boundary location report:
As impartial experts, we can inspect the properties involved and provide an impartial professional opinion on the likely location of the registered title boundary. Our assessment is based on thorough analysis and a detailed understanding of property law and surveying practices. This impartial opinion can help clarify the situation for both parties and serve as a crucial piece of evidence in resolving the dispute.
Assessing the likely location of a boundary involves gathering historical data, including deeds, conveyances, old maps, and aerial photographs, alongside a topographic survey of the land in question. We analyse this information to establish the likely original intent of the boundary placement. This evidence can be presented in the form of a report and annotated plan, to explain our assessment. The report can be given to the other owner, but it will be for the owners or their solicitors to progress the matter of the boundary location, any remedial work and costs in the most appropriate manner.
Mediation is often the most efficient and cost-effective method for resolving boundary disputes. A neutral third-party mediator facilitates discussions between the disputing parties, aiming to reach a mutually agreeable solution. Mediation is less adversarial than court proceedings and allows for creative solutions that a court might not consider.
If mediation is not successful, the owners may need to appoint solicitors to manage the dispute on their behalf, or agree to jointly appoint an impartial building surveyor to determine the boundary.
Option 3: boundary determination:
Unlike a general boundary, a determined boundary shows “the exact line of the boundary of a registered estate”.
Both owners jointly instruct a building surveyor and accept that they will be bound by the surveyor’s impartial expert determination. This instruction includes a report on the likely location of the boundary and the professional opinion on the location of the determined boundary, plus a plan setting out accurately the boundary in relation to permanent features on the properties (e.g. houses, garages etc.).
Once the boundary has been established, the owners instruct solicitors to apply to Land Registry. With the exact line having been identified, Land Registry will then make it apparent from the register that the boundary has been determined. Reference to the boundary concerned being “determined” is made in the property register of each affected Title. The general position of the boundary will be marked on the title plan of each affected registered title, often with lettered points showing the extent of the boundary that is determined. A filed copy of the determined boundary plan is retained and can be referred to, to identify the exact line.
Boundary disputes require a methodical approach, combining historical research, precise surveying, professional inspection, and effective mediation. By using these tools, building surveyors can help property owners reach fair and lasting resolutions, avoiding the pitfalls of prolonged legal conflicts.
To talk to our Building Surveyors about boundary disputes resolutions, please get in touch.
