Determining boundaries involves a careful examination of various documents and, if necessary, seeking professional advice. Here’s a step-by-step guide on how to determine boundaries:
Land Registry Title Plans: Start by checking the Land Registry Title Plans, especially if the land is registered. While these plans provide an overview, they may not precisely define the boundary. They serve as a starting point for further investigation.
Pre-Registration Deeds: Examine the pre-registration deeds for both properties. Look for documents that detail the transfer of each piece of land or, if available, the document that initially established the boundary.
Sharing Information with Neighbours: Share the deeds with your neighbour and encourage them to do the same. Collaboration can help in clarifying any discrepancies and reaching a consensus on the boundary.
Adverse Possession: Be aware that boundaries can change through adverse possession, where one owner occupies and excludes others for a specified period, usually 10 years for registered land. Check the Land Registry website for information on adverse possession or seek legal advice if relevant.
Boundary Agreements: Check if there are any boundary agreements between previous owners. If disagreements persist, consider negotiating a boundary agreement with your neighbour.
Chartered Land Surveyor: If disputes persist, consider jointly appointing a chartered land surveyor. The surveyor can assess the site, review deeds, and determine the true boundary line based on both legal documents and physical features.
When Buying a House: Check boundary features for any signs of disputes or irregularities, such as overhanging structures or unexpected fence positions. Ask your conveyancing solicitor to carefully examine the title deeds.
Seller’s Property Information Form: If you’re selling a property, complete the standard Property Information Form. Be honest about ongoing neighbour disputes, as misrepresentation may have legal consequences.
Your property boundaries: Overview – GOV.UK (www.gov.uk)
This article is intended for guidance only and does not constitute legal advice – 2024
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