Title disputes and boundary issues

Many people believe that their boundaries and Title plans for their property are clear, and that each boundary is easily identifiable. This is in respect of ownership, location and dimensions. Unfortunately, this is often not the case.

Will Bartley, a litigation lawyer in our property litigation team, discusses this below.Plans and Boundaries:

The plans registered at Land Registry, including the red line that surrounds the property, are often NOT the accurate boundary – merely a guide. This can cause confusion to property owners, as it would be reasonably understandable for owners to review their plans and assume that the Title plans at Land Registry would have been properly recorded and accurate.

Unfortunately, the red lines are typically merely guidelines, that have not been properly measured or recorded. They can identify the general property area in question, but should not be used as an accurate or reliable source for boundary location dimensions or disputes.

Parties will need to consider many factors to work out where the legal boundary is, given that their have been lots of problems with poor quality plans on Title documents. Physical features on the ground/land; old plans and historical photographs all need to be considered before accurately establishing the boundary location. Parties looking for clarification on their boundaries and accurate location dimensions will need to instruct a boundary surveyor to assess all of the above and produce a compliant boundary report, which can cost more than £1,000 to produce.

The Land Registry guarantees your title, but it does not guarantee the exact dimensions/location of the property/boundary lines etc.

What does the Land Registry plan do?

1. Shows sufficient detail to identify it on an ordinance survey map.
2. Plans are based on scale of metric measurements
3. Shows its orientation and shows general location by using road names, junctions and other landmarks etc

The word ‘boundary’ has no special meaning in law. There are two senses in which it can be used: legal and physical. The legal boundary will be a wafer-thin line, running along where the boundary was originally created. The physical boundary is dictated by physical elements on the ground. For example, a hedge that was planted on the legal boundary decades ago will change size, shape and nature. This may therefore stray across the legal boundary, but be used as a marker for the physical boundary. Physical boundary features can therefore be used to assist in the locating of the legal boundary, however it will ultimately be up to the County Court or Tribunal to determine the exact boundary line (often with the help of the surveyor’s report).

What to do if the Land Registry have made a mistake?

If there is a mapping issue at Land Registry, they may rectify it without the need for an adverse possession claim, however there is no guarantee. You may also have to obtain mortgage-lender approval for any changes/updates to Land Registry Title.

Squatters Rights and Adverse Possession:

If you are looking to claim for adverse possession of land that does not fall within your Title, you will need to satisfy the various requirements for the Land Registry to approve your Application. Adverse Possession of registered land has become far more difficult to obtain in recent years due to legislative changes, and therefore we recommend that you seek legal advice before commencing your claim. We would be happy to discuss the requirements for adverse possession and take on your claim if suitable.

Specialist Landlord and Tenant advice

At Porter Dodson we have a dedicated Property Disputes team who specialise in this area of law. If you feel that you would benefit from advice on Land Registry Title issues, boundary disputes or adverse possession claims, please feel free to get in touch with our Property Litigation Department below.