When purchasing a property, one of the key documents you’ll receive is the Land Registry title plan. Many property owners assume that this plan provides an exact, legally binding representation of their property’s boundary – but that’s not necessarily the case!
Almost all title plans are prepared under what is referred to as the “general boundaries rule”. This rule establishes that title plans are usually indicative rather than definitive. It is extremely risky to rely on title plans without further investigation because it could lead to timely and costly disputes on a mistaken understanding. Boundary disputes quickly escalate and cause a great deal of stress and upset, making normal neighbourly relations difficult to restore.
In theory, the boundary should be defined in the content of the relevant historical deeds; however, even if these deeds can be found, the language is often ambiguous or insufficiently detailed. It is therefore difficult to establish the exact boundary between two properties, and experts will often disagree. It is important not to make assumptions.
What is the General Boundary Rule?
The Land Registration Act 2002 (“LRA 2002”) establishes that boundaries shown on a title plan are general rather than precise. This means the boundary could be slightly inside or outside the red line depicted on the plan, depending on various factors, such as physical features on the ground, historical ownership and agreements between neighbours.
The general boundary rule exists because title plans are based on Ordnance Survey maps, which do not always capture subtle boundary features like fences, walls or hedges with millimetre precision. The Ordnance Survey acknowledge that their maps are subject to accuracy and plotting limitations. In fact, the absolute accuracy of features shown on the plans when compared to their actual position on the ground can lead to differences of several metres. Instead, the legal boundary is determined by reference to the historical deeds, and if these are insufficient, by extrinsic evidence such as conveyancing and planning records, historical land use and physical features.
Change of boundary over time
Boundaries can change over time.
Extended periods of exclusive possession, uninterrupted use or historical agreements by previous owners can change the position of the boundary of a property. Regardless of where your original boundary might have been, the boundary can change. This leads to further inaccuracies in the title plan.
Common Misconceptions About Title Plans
Here are a few myths we frequently encounter:
- “The title plan shows the exact boundary”
In most cases, it only gives a general indication.
- “If it’s on my title plan, its legally mine”
Ownership may need to be confirmed by reviewing title deeds or legal agreements.
- “I can move my fence to match the plan”
Not without risk. Doing so could lead to claims of trespass, criminal damage, or costly civil disputes.
How to Prevent Boundary Disputes
If you are concerned about where your property ends and your neighbours begins, we suggest taking the following steps:
- Check historical deeds – the original property deeds may provide a more detailed description of the boundary than the title plan.
- Conduct a site inspection – long standing physical markers like walls or fences often carry more weight when determining boundaries. A professional surveyor can conduct an inspection and offer an expert opinion.
- Communicate with your neighbours – open communication can often prevent disputes and even lead to informal agreements about boundary lines.
- Check the Land Registry Guidance – guidance from the Land Registry can be found here.
- Seek professional advice – if a disagreement begins to surface, it is wise to obtain independent legal advice before matters escalate.
Conclusion
Boundary disputes can be complex, expensive and time-consuming. Misinterpreting a title plan is one of the most common causes of conflict between property owners. Relying solely on them could lead to costly disputes and unnecessary stress. Understanding how boundaries are determined, verifying property limits through historical records, and seeking professional advice can ensure that your boundaries are correctly identified, saving time and money.
If you are unsure about your property boundary or facing a potential dispute, please contact us to speak to a member of our Dispute Resolution Team for tailored advice.
