Boundaries: Understanding the Extent of Your Property
Property ownership comes with certain legal boundaries that define the limits of what a person owns. However, identifying these boundaries can be a complex and challenging process. Whilst the red edging on a title plan provides a general idea of the extent of registered land, it may not accurately depict the legal boundaries of a property.
Why title plans may not accurately depict legal boundaries
The red edging on a title plan typically follows physical features such as walls, hedges, and fences that are shown on an Ordnance Survey (OS) map. However, it is important to note that the legal boundary may not always align with these features. For instance, the legal boundary may run through the middle of a hedge rather than to one side of it.
When preparing a title plan, the boundary features are often followed as closely as possible, but the scale and accuracy of the OS map can be limiting. Moreover, the information provided in the title deeds may not always show the true position of a boundary accurately.
How to understand the extent of a property’s boundaries
If you are the tenant of a leasehold property, such as an apartment on the first floor of a building, the red edging on your title plan may show the outline of the building rather than your apartment. This is because the plans are produced on small-scale OS maps that do not allow for intricate detail. Therefore, it is essential to read the title register and title plan together with any lease agreements to fully understand the extent of a property’s boundaries.
It is also worth noting that measuring the position of a legal boundary based on a title plan alone may not be reliable or accurate. Therefore, it is vital to seek advice from an experienced property lawyer and / or surveyor to help establish the legal boundaries of your property or in the event of a disagreement with a neighbour about them.
Determined Boundary Plans to avoid disputes
If neighbours agree on the precise position of the legal boundary between their properties, that agreement can be recorded at Land Registry. This is typically done by way of a Determined Boundary Plan, which is a legal document that defines the agreed-upon boundary providing a detailed and accurate plan with coordinates.
Seek advice from experienced property lawyers and surveyors
Understanding property boundaries is crucial for property owners to avoid any potential disputes or legal issues. Seeking the correct advice and carefully reading both the register and title plan with any lease agreements can provide a clearer understanding of a property’s boundaries. Find out more about legal boundaries at HM Land Registry:
At David Cosby Chartered Surveyors & Estate Agents we conduct detailed boundary surveys using the latest measuring equipment and prepare Determined Boundary Plans to assist with resolving disputes. If you would like further information on these services, please contact us on 01327 361664.
