Where are My Property Boundaries
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Although people who own pieces of land think that they have ownership of the right/left boundary, there is no legal basis for this. Sometimes, the title deeds that we use to register the property might mention the boundaries.
This can be good news if the deed has mentioned such information, it is guaranteed that the same is in the register. However, a lot of deeds do not mention about boundaries, and it is upon the owners to determine what to do.
Some deeds mention T-marks on a plan with wordings such as "to maintain the boundaries marked with an inward facing T". On the other hand, larger developments rely on indications provided by the builder. In either case, there are no hard rules about boundaries. Therefore, if you are planning to change an existing boundary by repairing or replacing the old fence, discussing the project with your neighbour is highly recommended.
After discussing, it is very important to have an agreement in writing or even have witnesses to avoid future problems during or after changing the fence. If both of your registered titles have the information about boundaries, it can be easier to know how the two of you will go about it. However, if there are no mentions of the boundary in your deeds, you can discuss and get to an agreement.
In case a boundary disagreement causes fights or disputes, it is always advisable to seek legal advice. In case the disputes have not been settled even after getting legal advice, the only remaining option is legal litigation.
Comparing Boundaries with your Neighbour
After you’ve studied your deed, and you are sure about the boundaries, you can compare the notes with your neighbour to have an agreement. However, if your neighbour’s deed does not have such marks/mentions or the boundary is not in the same place as yours, you can always reach an agreement if you work together. This includes explaining your project and the changes you want to make.
If your deed does not show where your boundary goes exactly, you can start by agreeing with your neighbour that the information provided is not clear.
As per the law, the two of you can agree exactly where the boundary runs through to make it clear and clarify the ambiguous information provided by the deed. When you agree on the position of the boundary, you can record the agreement in the form of an annotated plan with a suitable plan that’s signed by both landowners.
If the two pieces of land have been registered, you can make an application to Land Registry for the boundary agreement to be registered.
Alternatively, if one of the lands is not registered, you can keep the agreement together with your title deeds as proof. Finally, if you would like the boundary to be determined with a high level of accuracy, a chartered land surveyor should be contacted to prepare an accurate plan to determine the precise description of the boundary as per the requirements by the Lands Registry.
If you need advice on property boundaries of resolving a boundary dispute, consult a chartered surveyor to discuss your needs.