Two distinct categories of boundaries are recognised in Law: legal boundaries and physical boundaries. A line on a plan or a description of the area separating two properties constitutes the legal boundary. Any structure or barrier that divides two properties—such as a fence, wall, or hedge—is the physical boundary.
The Land Registry will have a plan of your registered property that will indicate the approximate locations of its boundaries. Although the plans produced by the Land Registry are based on Ordnance Survey maps, they do not precisely depict the actual location of the boundary on the ground. It should be noted that physical boundaries are subject to change over time.
In the event that your property is unregistered, a conveyance should include a boundary-defining plan. In the absence of a plan, one must consult the deeds for a description of the property that is sufficiently precise to determine the land’s dimensions. In the event that uncertainty exists regarding the precise location of the subject area, the Land Registry may require a surveyor to generate a plan for the purpose of property registration. In this article, What is A Land Boundary Agreement, we take a look at the process and mechanism involved.
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For the majority of land titles, simply registering the boundaries can be sufficient enough in legal scope. However, sometimes owners may want a more precise definition of the boundaries, and there are two ways to achieve this; through a boundary agreement or through a determined boundary.
What is a boundary agreement?
A boundary agreement has the capacity to address both the location and upkeep of the legal boundary.
Assuming that a boundary agreement does not entail any land transfer between the two proprietors, you and your neighbour would each retain the entirety of their respective parcels of land. Furthermore, it is assumed that the agreed-upon position corresponds to the actual location of the legal boundary. It is not required that this form of agreement be in writing.
In cases where the agreed-upon boundary position deviates from the one depicted on the title plan, the agreement’s ability to ascertain the prevailing legal boundary position is limited to the extent that the agreed-upon position falls within the parameters of the general boundaries rule.
The general boundaries rule states that land will not necessarily be removed from the title if the boundary, as depicted on the title plan, is outside the scope of the registered title.
Conversely, the establishment of a boundary agreement involving the transfer of land is also a viable alternative. Such written agreements stipulate that any portion of land that would otherwise be on the boundary with your neighbour is transferred to them and becomes their property. Nevertheless, in such a scenario, a boundary agreement would impose on you the responsibility to transfer to your neighbour, if requested, any land that lies on their side of the boundary.
Additionally, a copy of the agreement and a plan illustrating the agreed-upon boundary would be appended to ensure that any future examinee of the property titles would be able to verify the existence of this agreement.
What is a determined boundary?
As opposed to a general boundary, the Land Registration Act of 2002 defines a determined boundary as the establishment of an exact line between properties. The most apparent course of action to attain a determined boundary is to submit an application for such a boundary. This option is typically chosen by landowners seeking to reach a consensus regarding the precise location of the boundary.
To identify a determined boundary, one must initially employ all available evidence to illuminate the precise location of the line. A plan ought to encompass an ample number of physical features that facilitate the identification of the boundary; alternatively, if professional boundary identification is required, this plan may be constructed. Additionally, documentation of the adjacent land is required, and it is possible that neither deed indicates the boundary being in a different location. When applying for a determined boundary, it is possible that a third party owns the land separating two properties.
The registrar must be convinced upon receiving the application, of the following: the boundary line is precise and unambiguously identified; the applicant possesses a compelling argument regarding the location of the boundary line as they specify; and the proprietor has identified all parties encircling the boundary line and been duly notified of the determined boundary. Upon receipt of the application, the registrar shall subsequently notify adjacent landowners. If, however, a letter from neighbouring landowners attesting to the agreement is attached to the application, this notice is not required.
The process of applying for a determined boundary can be protracted and expensive, and the determined boundary plan must contain a multitude of precise details. However, parties may find it beneficial if they require a precise location and description of the boundary line. If consensus is desired regarding a general boundary, a straightforward boundary agreement can be formulated.
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Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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