LOCATING IT TO
THE NEAREST MILLIMETRE
You most probably cannot
locate a boundary that precisely, because of the
"General Boundaries" rule.
The legal boundary
dividing two properties is an invisible line,
having no thickness, and it is unlikely to be
precisely identified either on the ground or in
the deeds or title documents.
The physical boundary
is a physical feature, such as a hedge or fence,
that may have been intended to follow the legal
boundary, but the precise extent of land
ownership may not be entirely clear from the
position of the physical boundary (is it in the
middle, or on one side or the other of the
hedge?).
Because land registration
normally takes place long after the physical
boundaries have been established, HM Land
Registry filed plans are prepared under the General
Boundaries rule, which states "...the
exact line of the boundary will be undetermined -
as, for instance, whether it includes a hedge,
wall or ditch, or runs along the centre of a wall
or fence, or its inner or outer face, or how far
it runs within or beyond it; or whether or not
the land registered includes the whole or any
portion of an adjoining road or stream".
So, you don't know exactly where the
legal boundary lies in relation to the line on
the map, and you have seen above that you cannot
put your absolute trust in the position in which
the line is shown on the map.
What you should do
You should try to agree a compromise with your
neighbour because, if you are arguing over a
strip of land that is only inches wide, it is
quite possible that no amount of professional
advice will determine the true position of the
legal boundary.
If you are unable to reach such a compromise,
then professional advice (e-mail me) will
provide a third, and impartial, opinion as to the
position of the boundary. It would be wise to
accept this as the basis of a settlement with
your neighbour: the alternative is a very
expensive court case.
.This page was last updated on 29
February 2000
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