BOUNDARY  DECLARATION


Some examples of when a boundary agreement is appropriate:

It may be desirable to clarify the position of a boundary using a larger scale plan than the standard 1:1250 scale filed plan.

Sometimes an owner may wish, without moving its legal position, to move the physical features which mark the property boundary. An example might be to move a fence to give a neighbour's car better access to its garage (ie. to grant the neighbour a licence to use a portion of your land, and to fence it accordingly, without relinquishing ownership of that land).

Again, neighbours may find that the physical position of a boundary is impractical in everyday use and may come to an agreement to move the legal boundary.

In all these cases, a Boundary Agreement or Boundary Declaration is required in order to formalise the situation.

What you should do
It is advisable to engage a chartered land surveyor (e-mail me) to survey and draw a detailed plan of the affected boundary. Both parties (you and your neighbour) will then need to apply to HM Land Registry, enclosing a copy of the plan, asking for your Boundary Declaration to be noted on the register for both titles. If your land is unregistered, you will need to lodge the plan with your solicitor for it to be attached to your deed of conveyance.

This page last updated 09 March 2002

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The information given on this web site is of necessity of a very general nature and cannot be relied upon to meet your specific requirements. Jon Maynard FRICS cannot be held responsible for any action that may or may not be taken by anyone who accesses this site and acts upon any information found within. Whilst I hope that you may gain benefit from the information in this site, my liability can only extend to specific advice given by me after completion of a formal engagement letter.