Where is the Legal Boundary?
There is often a misunderstanding in homeowners’ minds as to where the legal boundary is between themselves and their neighbour.
Many homeowners consider that their deeds or deeds’ plans can determine where the boundary line is or failing that the Land Registry title plan. The position is not as clear as this.
Firstly, in many old conveyances the plans may no longer be available and the Land Registry does not keep all these conveyances in electronic form. Secondly, the guidance from the Land Registry is that title plans are not determinative of where the legal boundary lies. Accordingly, one of the only ways to determine a boundary between neighbours is either to have a boundary agreement which can be filed at the Land Registry and noted on the title registers or application can be made for determination of the legal boundary, which is a very expensive process involving preparation of detailed plans.
Having conducted a recent litigation case where this point specifically arose, it is still advantageous to avoid the complication of reaching a boundary agreement with your neighbour or making an application for determination of the legal boundary. It is better for you to discuss with your neighbour where the accepted boundary is between the two homes. Discussion is often far more constructive than embarking on a dispute. The principle here must be talk first – act last.
However, discussion may not always be possible, depending on the characters of the neighbours concerned and an erroneous view of facts and matters and law.
In the event of disagreement, reliance can always be placed on the position on the ground including the position of fence posts; who has been responsible for maintaining the existing fences; and using the Land Registry title plan or conveyance plan as a guide but not reliable as to the actual legal position.
If discussion fails, then we are well qualified to deal with any problem that arises including advising the homeowner as to their legal rights and identification of the exact boundary and using our network of professional qualified experts to advise.
Saul Marine & Co.
Saul Marine is the Principal of Saul Marine and Co-solicitors and he is also a qualified Mediator.
The company can help you not only in conveyancing and litigation re: property disputes, but also in all areas of property law including landlord and tenant areas. We are also well known for our expertise in commercial law especially contracts and if required litigation with regard to commercial disputes, helping new businesses and growing businesses, especially in employment law and debt collection. For individuals, our services extend to all areas of family law including wills and probate.
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