How to Apply to Land Registry
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- Apply to Land Registry
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Many homeowners are confused when it comes to their property boundaries of adjoining lands.
This can be down to the low standards required in the description of boundaries. These standards were set in place to sell discrete, small pieces of land (often referred to as parcels) and for the purposes of registering a title to these parcels.
There are some cases where neighbouring landowners are on good enough terms with one another that they can discuss correction options. This will help to define the parameters of each property without conflict.
To do this, they might consider and review the conveyances of each of their properties and through discussion, work to interpret the initial intent of the vendors regarding said conveyances.
A property positioning will be agreed upon that is within the considered intentions of the vendors. As a result, each property owner will have developed an agreed-upon land boundary.
Because of the joint efforts and attempted interpretation of the vendors, the new boundary lines are likely to be accepted by a judge should the parameters come into legal actions at some point down the line.
However, if you want an exact boundary mapped, you can also apply to have this done and recorded. This application is for a â€˜determined boundary.â€™
Once you have a determined boundary, it will remain valid should either you or your neighbour sells the corresponding property. The catch is that this can only be done if the property is registered.
Applying for a Determined Boundary
The first step is to gather and send the following:
- A plan which outlines the determined boundary. You can request this from a chartered land surveyor.
- Supporting evidence of your application.
- A determined boundary (DB) form, completed with the exact line of the boundary.
Supporting Evidence of Application
Along with the above mentioned, you need to include the evidence which supports your application for a determined boundary. Things that count as evidence:
- Certified copies of the deeds to your property, ranging from before the property was even registered.
- An expertâ€™s report.
- A written statement that has been signed before a magistrate, a Commissions of Oaths, or a solicitor.
Sending your Application
Once all your information is gathered, you need to send it in. There are a couple of fees that youâ€™ll need to consider.
Firstly, the determined boundary application itself costs Â£90. Secondly, you need to consider both the costs of your solicitor as well as the surveyor.
If your neighbour agrees with everything, then they too will need to sign the application form as well as the plan.
When youâ€™re ready, send everything to:
HM Land Registry Citizen Centre
PO Box 74
Agreeing Boundaries by Transferring Small Pieces of Land
At times, neighbouring landowners might see it fitting to their propertiesâ€™ boundaries by small amounts. Times like this might include:
- Instances of straightening out a boundary that is bent to enable the construction of a boundary fence/wall.
- When widening a driveway that might damage the neighbourâ€™s garden in some way. This might be done to accommodate the increasingly wider vehicles compared to the cars planned for at the time of the drivewayâ€™s initial construction.
In doing this, the boundary wonâ€™t be consistent with the initial conveyance as a result.
Using an agreed boundary to facilitate this transaction would be rejected by the Land Registry since it would require a conveyance or a transfer deed.
Do you have questions about a property that you wish to buy or sell? Would you benefit from the advice of a qualified RICS surveyor? Follow the link below to find out more.