Resolving Boundary Disputes in the UK: Options and the Role of Chartered Building Surveyors
Boundary disputes between neighbours are a common but often complex issue, frequently arising from unclear title plans, misaligned physical features, or historic errors in documentation. Whether you’re seeking to resolve a disagreement, clarify ownership, or make legal changes to a boundary, understanding your options – and the value of expert help – is essential.
How Can a Property Owner Identify their Boundary?
1. Title Deeds and Land Registry Plans
The starting point is to check your property’s title register and title plan. However, most Land Registry title plans show only “general boundaries”, meaning they are not legally definitive. The red line on these plans are drawn against site features on Ordnance Survey maps and may not reflect precise legal boundary.
2. Historical Documents
Old conveyances and sale plans may provide clearer detail, such as measurements, references to historic features, or scaled drawings, which can help interpret where the legal boundary lies.
3. Physical Evidence Onsite
Features such as fences, walls, or remnants of old structures can provide clues, although these may have moved or been altered over time. It’s important not to rely solely on current physical features.
4. Neighbour Discussions
Informal discussions with neighbours can sometimes resolve minor ambiguities. Where agreement is reached, it may be recorded as an informal boundary agreement, which can later be supported by formal documentation.
Resolution Options for Boundary Disputes
1. Informal Boundary Agreements
If neighbours agree on the location of the boundary, even if it’s different from the current physical or registered layout, they can enter into an informal agreement. This does not transfer ownership but can clarify mutual understanding. These agreements can be documented and submitted to HM Land Registry with a supporting plan.
2. Unilateral Boundary Determination
If agreement can’t be reached, one party can apply to HM Land Registry for a “determined boundary” under section 60 of the Land Registration Act 2002. This involves submitting a Land Registry-compliant plan and supporting evidence. If the neighbour objects, the matter may be referred to the First-tier Tribunal (Property Chamber).
3. Joint Boundary Determination
Where both parties agree, a joint application can be made to fix the legal boundary on the title plan. This avoids contention and provides legal certainty without tribunal involvement.
4. Correcting Title Plans
Where the boundary on the title plan is clearly inaccurate, a correction can be made if both parties consent. A new, accurate plan is required, and the Land Registry will update the title accordingly.
5. Transferring Land Following Agreement
If an agreement results in land passing from one party to another, a “transfer of part” is required. This legally alters ownership and updates the register and title plan.
6. Remedying Damage
Sometimes work to the boundary has been done by one neighbour, sparking the boundary dispute. Other times, the boundary feature (such as wall or fence) is not in the right place following an agreement on the boundary location. In these cases, remedial works may be required; the parties can agree the scope and cost of work, and who pays, as part of the boundary agreement.
What If No Agreement Is Possible?
If informal or formal negotiation fails, the issue can be escalated to the First-tier Tribunal (Property Chamber), which will make a legal determination. Before this stage, parties are encouraged to attempt alternative dispute resolution (ADR) or mediation, which can save significant time and cost.
The parties can appoint a chartered land or building surveyor to provide their professional opinion on the likely location of the boundary, and to advise on the scope and responsibility for any remedial works required. The surveyor can be appointed jointly by both parties or by one party. A joint instruction can help to prevent escalation of the dispute as the parties can agree to be bound by the surveyor’s determination of the boundary and any remedial work required.
How Vickery Holman Can Help
Our chartered building surveyors play a key role in clarifying and resolving boundary disputes through technical expertise, impartial advice, and high-quality documentation.
Measured Surveys and Boundary Analysis
Our surveyors can carry out precise measured surveys to identify the current and historic positions of site and boundary features. We compare site conditions with title documents and historic plans.
Boundary Reports
We can produce boundary reports, offering a professional opinion on the likely registered title boundary, supported by maps, photographs, and evidence. These reports are used in negotiations, Land Registry submissions, or tribunal cases.
Land Registry-Compliant Plans
Surveyors are essential in preparing Land Registry-compliant plans, required for:
- Determined boundary applications
- Transfers of part
- Corrections to title plans
- First registration of land
These plans must comply with HM Land Registry’s strict standards, including accurate scale, orientation, physical features, and clarity.
Support with Legal Applications
We work alongside solicitors to:
- Provide boundary dispute reports
- Prepare transfer and boundary determination plans
- Interpret conveyance documents and historic plans
- Support applications to HM Land Registry
Expert Witness Services
In tribunal or legal proceedings, our surveyors can act as expert witnesses, providing independent, evidence-based opinions to support or defend boundary positions.
Conclusion
Determining and resolving boundary issues requires a mix of legal, historical, and technical understanding. While Land Registry plans provide a starting point, they rarely reflect the exact legal boundary. Vickery Holman’s chartered building surveyors are uniquely positioned to provide clarity, produce compliant plans, and help guide property owners through the correct legal channels, resolving disputes efficiently and helping avoid costly litigation.
