What is the boundary of my property
- Posted by:
- Posted date:
Boundary disputes may arise due to a few inches, and the extent of these disputes may depend on your neighbour. To solve the dispute, parties involved rely on their Land Registry Title Plan to see the boundary positions and markings.
If this information is not obtained, frustration can be seen on either of the parties. But, how can you define your property boundary? Here are three ways you should consider using:
1. Legal Boundary
This refers to a line that’s drawn between two properties for separation. The drawn line has no thickness and cannot be defined with precision either on the ground or when looking at the Title documents. However, it is used to define the boundary of your property.
2. Physical boundary
These boundaries are identified on the ground, maps or deeds by using physical features like walls, fences, rivers, hedges, ditches, etc. Unlike the legal boundaries, physical boundaries have thickness.
For instance, hedges and fences (although their thickness may change as they grow) and rivers (although they may change course). Physical boundaries are considered although sometimes it can be difficult to determine the exact boundary of a property.
3. Land registry boundary
A red edging can identify this boundary on the inside of the black line that’s drawn by Ordnance Survey. The border is used to show the extent of property ownership. In a registered title, HM Land Registry will show the extent of the land using a red line on the title plan.
If the boundary is not defined using a physical feature on the Ordnance Survey map, the HM Land Registry will show the extent of the land using a dotted line on the title plan. In England and Wales, the ‘general boundaries’ land registration system is used where the boundary of a property is shown about a specific physical feature on the ground, e.g. a wall.
Land Registration Act of 2002
The General Boundary rule is now in the statute as The Land Registration Act 2001. This Act prevents the title plan by showing the exact boundaries.
To resolve the boundaries, the property owner has to look at all the documents from each side of the boundary to get the facts. Therefore, this Act promotes the use of available documents to solve a boundary dispute.
Alternatively, the parties involved in a dispute can opt to use other methods like hiring a boundary employer. It is important to note that these alternative methods are expensive, but they can also solve the dispute.
The surveyor will obtain all the document, assess the information provided and then provide the final decision. The information provided by the documents is sufficient to solve the boundary dispute.
While providing boundary dispute resolution services, we start by searching all the property documents on each side of the boundary.
We also get the informative guide and another guide that details the Common Law Presumptions (which apply in case there is no contrary agreement). With all these documents, it is easy to solve any boundary dispute regardless of the cause.
If you are worried about a boundary dispute with your neighbour, you will benefit from consulting a property surveyor who is trained to mediate in boundary dispute resolution. Follow the link below to find out more.