Jon Maynard Boundaries Ltd, Boundary Demarcation and Disputes, Rights of Way, Expert Witness, Chartered Land Surveyor

Jon
   Maynard
Boundaries

Determined Boundary

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What is a ‘Determined Boundary’?

A ‘determined boundary’ is a boundary:

  • whose exact position has been established by a professional land surveyor, and
  • which has been accurately mapped and accurately described by that surveyor, such that
  • the boundary’s position (if it should become lost) may be reinstated to within 10 mm by any person equipped with a tape measure, and
  • which has been accepted, as part of a Form DB application, onto the register by Land Registry.

The termini and turning points of the determined boundary must be related to sharply defined points of enduring detail (such as to the corner of a building, but not to a tree trunk, a bend in a river, or a moveable shed) These reference points should be close enough to the boundary points for a layman with a tape measure to be able to measure the distance. A determined boundary is generally suitable for use in a residential setting, but it may be difficult or impossible to implement on farmland or woodland.

Unilateral and party applications

Whilst an Application to Determine the Exact Line of a Boundary is usually made jointly by the neighbours who own the land on either side of the boundary, it is possible for a landowner to make an application unilaterally. However, Land Registry’s first action on receipt of the application will be to contact the neighbour to ascertain whether there is agreement as to the exact position of the boundary. If there is not then the application will be rejected.

When should you and your neighbour make an Application to Determine the Exact Line of a Boundary?

  • When you have both identified a need for a precise definition of the boundary and are in a position to amicably agree the precise position of the boundary.
  • When the precise position of the boundary has been established through mediation or through some other process of alternative dispute resolution.
  • When the exact position of the boundary has been decided in a court action.

Service offered

Jon Maynard Boundaries Ltd can accept joint instructions (ie. work on behalf of both parties, who each pay half of our fee) to:

  • assist the parties in agreeing the position of the boundary,
  • survey and describe the agreed boundary to the demanding standards laid down by Land Registry,
  • submit to Land Registry an application on Form DB supported by a plan signed by both parties.

The process will involve our surveyor examining relevant documentary evidence to satisfy himself:

  • that he has correctly identified the registered proprietors of the land,
  • in the case of an amicably defined boundary, that the intention of the parties is to clarify the position of the boundary and not to effect a transfer of land (for which a transfer deed must be drawn up by a conveyancing solicitor),
  • in the case of a boundary established by alternative dispute resolution or by the judgment of a court, that the boundary settlement or judgment is exactly executed in the Form DB application.

A visit to the site will be necessary:

  • in the case of an amicably defined boundary, to advise the clients and to map the boundary;
  • in the case of a boundary defined by alternative dispute resolution or by judgment of a court, to check the definition against the ground, and (if our surveyor has not already mapped the boundary in the course of preparing an expert report for one or both parties) to map the boundary.

Expected outcome

The object of the exercise is to give a much more precise definition of the boundary than the ‘general boundary’ that is recorded by Land Registry, and to provide a description that will enable a layman equipped with a tape measure to re-establish the position should the physical boundary markers (whether these be special boundary markers, or posts, or fences, or walls, or other physical markers) be lost at a later date.

Because the agreed boundary is noted on the register, its position will be binding on both parties and on anyone who later owns those titles.

 

 

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Some past cases

2007 - 2008,  Boundary dispute,  Balham,  London,  Professional Opinion, meeting other party's expert, Determined Bounday plan.
2005,  Determined Boundary,  Southampton,  Hampshire,  To clarify boundary and enable sale of property.
2004-2009,  Determined Boundary to record settlement made after part-run trial,  Cambridge,  County Court.
2003-2005,  Determined Boundary recording the agreed boundary and the extent of the right of way in an out of court settlement following Expert Report,  Petersfield,  Hampshire.
2003-2008,  Determined Boundary used as a record of County Court Judgment in a boundary dispute,  Newbury,  Berkshire.
2002-2005,  Determined Boundary recording the agreed boundary in a boundary dispute settled out of court following Expert Report,  Havant,  Hampshire.
2002,  Determined Boundary recording the agreed boundary in a boundary dispute settled out of court following Expert Report,  Waterlooville,  Hampshire.