Property boundaries are a common source of confusion and disagreement between neighbours.
A fence, hedge or wall may appear to belong to one property, but appearances can be misleading. Understanding what legal documents do and do not show is often the first step in avoiding costly and time-consuming disputes.
Sophie Kerry, Associate Solicitor in Wake Smith Solicitors' Litigation & Dispute Resolution team, explains some of the common misconceptions surrounding property boundaries and when legal advice may be needed.
What documents can help identify property boundaries?
The starting point is usually the title register and title plan held by HM Land Registry. These documents can provide useful information about a property's boundaries and ownership.
However, it is important to understand their limitations. In most cases, title plans show only the general position of a property's boundaries and do not identify the precise legal boundary line.
Other documents, such as historic conveyances, transfers, deeds or agreements between previous owners, may also provide helpful information.
Do Land Registry title plans show the exact boundary?
Usually not.
One of the most common misunderstandings is that the red line shown on a title plan marks the exact legal boundary. In most cases, it does not. Under the general boundaries rule, title plans are intended to show the general position of a property's boundaries rather than their precise location.
The legal boundary is an invisible line separating one owner's land from another's. While it may follow a physical feature such as a fence, hedge or wall, this is not always the case.
Title registers and supporting deeds may sometimes state that one owner is responsible for maintaining a fence, wall or hedge. However, responsibility for maintenance does not necessarily mean ownership of that feature.
Five common myths about property boundaries
- The fence on the left or right-hand side of your property is not automatically yours.
- Fence posts do not necessarily indicate ownership of a fence.
- The red line on a title plan does not usually show the exact legal boundary.
- A hedge, wall, ditch or fence may provide a useful clue, but it is not always the legal boundary.
- "T" marks on deeds or plans may indicate responsibility for maintenance, but do not always prove ownership.
Sophie said: "Boundaries are rarely as straightforward as people think. One of the most common misconceptions is that the red line on a Land Registry title plan shows the precise legal boundary. In most cases, it does not. The legal position often requires a wider examination of the title documents and surrounding evidence."
What should I do if I have a boundary dispute?
Not every boundary issue needs to develop into a dispute.
Speaking with your neighbour at an early stage can often resolve misunderstandings before positions become entrenched. A practical and cooperative approach may save significant time, cost and stress.
However, where ownership, responsibility or the position of a boundary remains unclear, legal advice can help establish the available evidence and identify the most appropriate way forward.
How can a solicitor help?
Boundary disputes can be complex, particularly where documents are unclear, historic features have changed position or neighbours have different interpretations of the available evidence.
We can advise on:
- ownership and boundary issues;
- boundary agreements;
- determined boundary applications;
- objections raised by neighbours;
- rights affecting land;
- correcting title records where appropriate; and
- resolving disputes through negotiation or formal legal processes where necessary.
In some cases, further evidence or specialist surveying input may also be required.
If you are unsure about a boundary affecting your property and would like advice, contact Sophie Kerry in Wake Smith Solicitors' Litigation & Dispute Resolution team here or on 0114 266 6660.
If you are purchasing a property and would like clarification regarding boundaries before you complete your purchase, Wake Smith's Residential Conveyancing team can also assist. Contact the team here or on 0114 266 6660 for further information.