Shropshire Farming Talk: Boundary Disputes

Also it can take years before a settlement , or final court judgment is achieved (which all too often result in considerable, frequently disproportionate, costs and rarely end to either party’s entire satisfaction).

A boundary between two pieces of land can consist of many different features such as hedges, walls, fences, ditches or rivers.

At the time land is sold it may seem obvious where the boundary lies however as the legal boundary does not always represent a physical perimeter it is important to compare detail of the sale plan and seek to resolve any queries before a property is purchased.

Should a dispute arise the first thing to do is to refer to the legal title which can be registered or unregistered. A land registry plan is based on ordnance survey maps and is not conclusive. It will only provide a general guide unless the perimeter has been formally determined or a boundary agreement completed.

The original legal transfer document /conveyance which applied to the sale of land is very important which needs to be interpreted both legally and in light of the physical features on the ground at the time. Such a document nearly always contains a plan or description of the extent of the area applicable. Therefore it is very significant that old title details are safely retained.

However, caution needs to be exercised as plans can be labelled ‘for identification purposes only’ and are not always to scale. Also reference points (such as buildings or internal field boundaries) may have altered making it difficult to verify the boundary location.

Not even T-marks provide the assurance perceived by many. Contrary to popular belief T-marks may simply identify an express repairing obligation and not indicate ownership of that feature itself.

There are processes that can be undertaken to formally agree the boundary with your neighbour. This can take the form of a Boundary Agreement, where both parties agree on the legal boundary and include a plan or description. The Agreement can be put on both landowners Title, so when it is sold the Agreement will be referred to, although this option still means that the boundary is a “general” boundary in the eyes of the Land Registry. In order to agree an exact legal boundary, an application must be made to the Land Registry for a determined boundary.

There are many ways a boundary dispute that can arise, and there is not one solution that will solve all issues. Due to the possible hostility and expense these problems can cause, careful thought, early on in the dispute, is required and decisive action and/or compromise maybe necessary to ensure the best outcome for all parties concerned.

If initial approaches and attempts to consensually resolve the matter with your neighbour do not work, then the soonest other methods of resolving the dispute, such as mediation, are adopted the better ; as litigation over a boundary should really be seen, very much, as the last resort.

Eifion Bibby is a Chartered Surveyor with Davis Meade Property Consultants