Boundaries
We are all familiar with boundaries, as we see them every day. Our own properties will probably have some kind of boundary structure that separates them from neighbouring properties. These can be hedges, tree lines, walls, timber fences and ditches.
The word 'boundary' has no special meaning in law but there are 2 senses in which it can be used : 'legal boundary' and 'physical boundary'. The Land Registry guide defines these as follows :-
Legal Boundary – an imaginary or invisible line dividing one person’s property from another. It is an exact line having no thickness or width and is rarely identified with any precision either on the ground or in deeds and is not shown on Ordnance Survey maps
Physical Boundary – a physical feature that we can see such as a fence, wall or hedge which may coincidentally, also follow the line of a legal boundary. The legal boundary may run within the physical boundary structure but it might just as easily run along one particular side of the structure or include all or any part of an adjoining roadway or stream. Living boundary structures such as hedges can be prone to a certain degree of movement; for example, if a hedge is left untended it might take root where it touches the ground and become very wide, making its original line hard to establish. So even if it is clear that the legal boundary ran along the hedge, identifying this boundary on the ground may become very difficult.
Contrary to popular belief, it has never been the Land Registry’s job to say exactly where the boundary of a property is – that is up to the owner, their neighbour and (if necessary) the Courts to decide.
The red line on the Land Registry’s title plan does not necessarily show the exact position of your legal boundary. The Land Registry “red line” cannot be scaled from and measurements from the Land Registry plan may differ from measurements between the same features on the ground. The red line shows what is known as a “general boundary” under S60(1) of the Land Registration Act 2002.
Many boundary disputes start when someone takes measurements from the Land Registry plans and then realises that the position on the ground is different. This is not unusual, especially with new developments.
There are also various notions that the way a wall or fence is constructed indicates ownership, for example, that the posts and rails of a fence are on the owner’s side. There is, however, no legal foundation for such beliefs. Where the ownership or responsibility for maintenance of a boundary cannot be determined, that boundary feature is generally best regarded as a party boundary. Any alteration or replacement of the boundary should only be done with the agreement of the adjoining owners. Deeds may contain covenants to maintain a wall or fence but on their own, such covenants do not confer ownership.
The most common way of marking ownership/maintenance on deed plans that relates to boundaries are “T” marks. An entry referring to a “T” mark is normally a statement concerning the ownership of a boundary structure or the liability to maintain and repair it.
Identifying the position of the legal boundary will depend on the terms of the relevant pre-registration deeds including the plan. If the plan is insufficiently clear for the layperson to determine the position of the boundary the Court can refer to extrinsic evidence and in particular to physical features on the ground. This is a case of whether or not the plan is ‘for purposes of identification only'. The question for the court is: what would the reasonable layperson think they were buying?
Accordingly, old deeds such as conveyances and transfers may be very useful to help work out where the previous owners of the land agreed the boundary to be – they may even have measurements. If you do have any old deeds to your house it is important that you keep them safe.
Brewer Harding and Rowe can store your deeds free of charge.
Registration using the general boundary rule is effective for the majority of titles, however, there are occasions where an owner might require something more precise. There are 2 ways to achieve this:
- Using a boundary agreement
The agreement can deal with the position of the legal boundary or maintenance of a boundary feature where boundary owners come to an agreement and want this recorded formally. It can be a simple form of agreement and can, if required, be registered at the Land Registry.
- Lodging a determined boundary application with the Land Registry
The application has to be made on a certain form and a fee is payable to the Land Registry. There may be an agreement between the parties or if not, the neighbours might wish to instruct an independent expert such as a chartered surveyor to identify the position of the legal boundary. A plan that meets the Land Registry’s requirements will be required.
On receipt of the application, if the Land Registry are happy with the information provided they must give the adjoining land owners notice of the application (unless there is an agreement in writing). If there is an objection to the application and the objection is not found to be groundless, the matter will have to be referred to the Land Registration division of the Property Chamber, First-Tier Tribunal.
Ultimately the exact position of a boundary, if disputed, can be determined only by the Court or the Land Registration division of the Property Chamber, First-tier Tribunal.
Get in touch
We may be able to help with your boundary dispute.
You can get in touch with Brewer Harding & Rowe through the Contact Us Page, or by calling one of our offices.
Barnstaple - 01271 342271
Bideford - 01237 472666
Braunton - 01271 812033