|Losing the plot|
Boundaries are identified in two ways:
- a legal boundary and
- a physical boundary
The legal boundary separates one person’s land from another. Often it is not identified with precision, either on the ground or in the title deeds. The physical boundary is shown by a physical feature on the ground such as a wall or a fence. Often it will not follow exactly the same line as the legal boundary.
In registered land, the boundaries of a property shown on the file plan are not conclusive. Most filed plans only show the general boundaries.
There is a procedure to fix the boundaries with precision under Land Registration Rules 1925. Notice is served on all owners and occupiers of the adjoining land, and then there is an examination of all legal titles and surveys. The legal boundaries are identified and national coordinates calculated. This is then added to the title plan, and is then deemed to be accurate. However few people use this procedure opting instead to take the property as the seller had it. The cost and the risk of triggering a boundary dispute is rarely justified.
When buying land it is important that you fully understand where your boundaries are or are likely to be. Depending on your plans for the property you might want more accurate information.
At Hart Brown we have specialists who can help review all relevant documentation and we regularly involve experts to help identify unclear boundaries. If a dispute should arise we have highly experienced lawyers who can help you try and find solutions.