Understanding Property Boundaries
Uncertainty about the position of a property boundary can lead to disagreement between neighbours. In England and Wales, most registered title plans show only the general position of a boundary and do not establish its exact legal line.
A wall, fence, hedge or other physical feature may provide useful evidence, but it does not necessarily coincide with the legal boundary. Boundary features may also have been replaced, altered or moved over time.
Establishing the likely position of a boundary usually requires consideration of several sources of evidence. These may include the title register and title plan, earlier conveyances or transfers, historical documents and plans, physical features on site and information about how the land has previously been occupied and used.
How a Boundary Position Is Assessed
Documents and Plans
The first stage is usually to review the available title documents. These may include the title register, title plan, conveyances, transfers, boundary agreements and any historical plans or photographs.
A title plan should not normally be enlarged or scaled to establish the precise position of a boundary. It must be considered alongside the other available documentary and physical evidence.
Site and Physical Evidence
Where appropriate, a site inspection can be undertaken to examine existing walls, fences, hedges, buildings and other relevant features.
The features found on site can then be compared with the documentary evidence. Consideration can also be given to whether any boundary feature appears to have been replaced, altered or repositioned.
Written Surveyor’s Opinion
Following the document review and any necessary site inspection, a written surveyor’s opinion can be prepared explaining the evidence considered and the likely boundary position.
The opinion is advisory and does not bind either owner or conclusively determine the legal boundary. If a dispute requires legal proceedings, expert witness evidence, a measured land survey or an application for a determined boundary, advice should be obtained from an appropriately qualified solicitor or specialist.
Boundary Advice from Party Wall Expert
Party Wall Expert provides boundary advice to property owners throughout Manchester, Cheshire and surrounding areas. The service can include reviewing title documents and other available evidence, inspecting the property and providing a written opinion on the likely boundary position.
This service can help an owner understand the available evidence and make an informed decision about the appropriate next step. Obtaining advice at an early stage may also help the owners discuss the matter before their respective positions become entrenched.
An ordinary boundary disagreement is separate from the procedure under the Party Wall etc. Act 1996. The Act may apply to certain work involving a wall on or close to the boundary, but it does not provide a general procedure for determining the legal boundary between properties. You can read more about walls built astride a boundary on our Party Fence Wall page.
For an initial discussion about a boundary concern, contact Richard Johnson on 07740 257414 or 0333 577 3050.