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

BOUNDARY
PROBLEMS

An Internet resource provided free since Febraury 2000 by Jon Maynard Boundaries Ltd

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  FREQUENTLY ASKED QUESTIONS
Boundary descriptions: I want someone with authority to come out and tell me exactly where my boundary is.
Boundary descriptions: Does the Ordnance Survey map define my boundaries?
Boundary descriptions: Can I scale from an Ordnance Survey map the true position of my boundary?
Boundary descriptions: Can I use the title plan to measure to my boundary from the side of my house?
Boundary Diputes: How do I resolve a boundary dispute?
Dimensions in Conveyances and on Deed Plans: How accurate are the dimensions that are stated in title deeds?
Fence, age of: How can I find out the age of my wooden fence?
Fences, appearance of: Must the smooth side of my neighbour's fence face towards me?
Fences, appearance of: Can I paint my side of my neighbour's fence?
Fences, appearance of: What can I do about the unsightliness of my neighbour's fence?
Fence height: How high a fence can I put on my boundary?
Fence height: Can I make my neighbour reduce the height of his fence?
Fence ownership: Who owns which fence? Is it true that every house owns the fence on its left side, as you look at it from the street?
Fences as supports: Can I hang things on my neighbour's fence? - Can I use my neighbour's fence as a support for my own plants?
Open plan front gardens: Where is the boundary of my open plan front garden?
Title Deeds: Where do I find my title deeds?
Title deeds: Is it possible for me to see my neighbour's title deeds?

 

  Index by Page Heading

Home: the Boundary Problems web site

Boundaries: the Essentials

Boundary Definitions of Registered and Unregistered Land

    Making and Defining New Boundaries
    Boundaries of Unregistered Land
    Boundaries of Registered Land
    Comparing boundaries with your neighbour
    Complications in defining boundaries

Conveyance Deeds and Plans

    What is a deed?
    Where are your title deeds?
    The parcels clause of a conveyance
    Deed plans
    Transfer deeds and transfer plans
    Difficulties in relying on deeds for boundary definitions     FAQ    Title Deeds: Where do I find my title deeds?
    FAQ    Title deeds: Is it possible for me to see my     neighbour's title deeds?

Statute Law for Boundaries

    Prescription Act 1832
    Ordnance Survey Act 1841
    Law of Property Act 1925
    Limitation Act 1980
    Property Misdescriptions Act 1991
    Access to Neighbouring Land Act 1992
    Party Wall Etc. Act 1996
    Human Rights Act 1998
    Land Registration Act 2002
    Anti-social Behaviour Act 2003
    Legal Precedent
    Civil Procedure Rules, Part 35: Experts and Assessors

Legal Presumptions for Boundaries

    Beaches
    Canals
    Fences
    Foreshore
    The Hedge and Ditch presumption
    Hedges
    Highways
    Houses
    Islands
    Lakes
    Railways
    Rivers
    Seashore
    Waste land

Legal Concepts affecting Boundaries

    Possessory Title
    Adverse Possession
    Estoppel
    Duty of care
    Duty of support

Understanding General Boundaries

    Introduction to General Boundaries
    What is a general boundary?
    Explaining Boundaries Terminology
    History of General Boundaries
    Rule 278 of the Land Registration Rules 1925

Rights over Neighbouring Land

    What is an easement?
    Private right of way
    Car parking
    Right of Support
    Right to Light
    Water Rights
    Wells
    No right to sun or air
    No right to a view

Walls & boundaries

    Party Walls
    Boundary Walls
    Retaining Walls
    Building faces

Fences & boundaries

    Obligation to fence one's land
    Who is responsible for erecting the fence?
    Your neighbour's fence
    Fences and boundaries
    Fences and adverse possession
    Replacement fence leads to confusion
    FAQ    Fence height: How high a fence can I put on my     boundary?
    FAQ    Fence ownership: Who owns which fence? Is it     true that every house owns the fence on its left side, as     you look at it from the street?
    FAQ    Fences, appearance of: Must the smooth side of     my neighbour's fence face towards me?
    FAQ    Fences as supports: Can I hang things on my     neighbour's fence?
    FAQ    Fences as supports: Can I use my neighbour's     fence as a support for my own plants?
    FAQ    Fences, appearance of:Can I paint my side of my     neighbour's fence?
    FAQ    What can I do about the unsightliness of my     neighbour's fence?
    FAQ    Fence height: Can I make my neighbour reduce the     height of his fence?
    FAQ    Fence, age of: How can I find out the age of my     wooden fence?

Hedges & boundaries

    Rural hedges
    Rural Conventions
    Administrative Boundaries and Property Boundaries
    Hedges in urban areas
    Trimming hedges
    High hedges

Boundaries of open plan gardens; Shared driveways and parking

    Making the boundary visible
    Driveways and parking
    Shared driveways
    FAQ    Boundary definitions: Where is the boundary of my     open plan front garden?

Private Rights of Way

    Private Right of Way
    Private right of way on foot
    Vehicular private right of way
    Repairing a private right of way
    Varying and extinguishing a private right of way
    Excessive user of a private right of way
    Disputes over rights of way

Other neighbour disputes

    Your Neighbour's trees
    Noisy neighbours
    Smoke and airborne pollution
    Rubbish
    Contravening Planning Permission
    When developers acquire land next door
    When a developer encounters a NIMBY next door
    Car parking
    Other neighbour nuisance

Causes of dispute

    General Background
    Technical factors in boundary disputes
    Socio-legal factors
    Psychological factors
    A better way

Documentary evidence: boundaries

    Physical Evidence for boundaries
    Documentary evidence: title register and title plan
    Documentary evidence: conveyance deed and plan
    Documentary evidence: Local searches
    Documentary evidence: Sellers Property Information     Form
    Documentary evidence: Sales plans
    Documentary evidence: Planning drawings
    Documentary evidence: Published maps
    Documentary evidence: Vertical aerial photographs
    Documentary evidence: Oblique aerial photographs
    Documentary evidence: Family photographs
    Documentary evidence: Archived photographs
    Documentary evidence: Witness Statements

Using Ordnance Survey maps

    OS maps generally used in boundary demarcation
    Scale, accuracy and perception
    What is accuracy?
    Relative Accuracy table for OS maps
    Currency of OS maps
    Selection and Generalisation of ground features shown     on OS maps
    Map interpretation
    Field numbers
    Administrative boundaries and property boundaries
    Use Ordnance Survey maps with care
    FAQ    Boundary definitions: Does the OS map define my     boundaries?
    FAQ    Boundary definitions: Can I scale from an     Ordnance Survey map the true position of my     boundary?

Land Registry Title Plans

    Title Plans show only general boundaries
    What does a title plan show?
    Understanding the title plan
    What the title plan does NOT show
    General Boundaries at Road Frontages
    Case history - Title plan misleads when based on design     plan
    Case history - transfer plan misleads Land Registry
    FAQ    Boundary definitions: Can I use the title plan to     measure to my boundary from the side of my house?

Investigating boundaries

    Investigating boundaries
    Believe nothing
    Assemble the evidence
    Evaluate the evidence
    Draw conclusions
    FAQ    Boundary definitions: How accurate are the     dimensions that are stated in title deeds?

Psychology of neighbours in boundary disputes

    Behaviour types
    Boundary Disputes and Harassment
    What is the real problem?

Which professional?

Find a boundary surveyor

    What kind of surveyor?
    Surveyor's skills
    Finding the surveyor

Find a property litigation solicitor

Agreed and Determined Boundaries

Agreed Boundaries
Agreeing boundaries by transferring small pieces of land
Determined Boundaries

Dispute Resolution methods

    Methods for resolving disputes
    Consider the cost effectiveness of the resolution     method
    Amicably negotiating with your neighbour
    Amicable use of expert advice
    Resolution using solicitors
    Alternative Dispute Resolution
    ADR - Mediation
    ADR - Expert Determination
    ADR - Adjudication and arbitration
    RICS Neighbour Disputes Service
    Litigation
    Court - Adjudicator to Land Registry
    Court - County Court
    Court - High Court

100 years of OS / LR Co-operation

Digital Boundaries in Eng & Wales

Boundaries Reading List

Glossary of boundaries terms

Site index

Links

 

  Index by Topic, Alphabetical

A    B    C    D    E    F    G    H     I     J     K    L   M
N    O    P    Q    R    S    T    U    V    W    X    Y    Z

A

Access to Neighbouring Land Act 1992
Accuracy (of OS maps), what is?
Accuracy, Relative, of OS maps, table of
Acts: Access to Neighbouring Land Act 1992
Acts: Anti-social Behaviour Act 2003
Acts: Human Rights Act 1998
Acts: Land Registration Act 2002
Acts: Law of Property Act 1925
Acts: Limitation Act 1980
Acts: Party Wall Etc. Act 1996
Acts: Ordnance Survey Act 1841
Acts: Prescription Act 1832
Acts: Property Misdescriptions Act 1991
Adjudicator to Land Registry
Administrative Boundaries and Property Boundaries
ADR - Adjudication and arbitration
ADR - Expert Determination
ADR - Mediation
ADR - RICS Neighbour Disputes Service
Adverse Possession
Adverse possession and fences
Aerial photographs, oblique, as documentary evidence for boundaries
Aerial photographs, vertical as documentary evidence for boundaries
Agreed and Determined Boundaries
Agreed Boundaries
Agreeing boundaries by transferring small pieces of land
Air: No right to sun or air
Alternative Dispute Resolution
Amicable use of expert advice in resolving disputes
Amicably negotiating with your neighbour
Anti-social Behaviour Act 2003
Archived photographs as evidence for boundaries

B

Beaches, legal presumption
Boundaries, documentary evidence for
Boundaries: the Essentials
Boundaries, General, at Road Frontages
Boundaries investigating, Assemble the evidence
Boundaries, Investigating
Boundaries investigating, Believe nothing
Boundaries, investigating, Complications in defining
Boundaries investigating, Draw conclusions
Boundaries investigating, Evaluate the evidence
Boundaries, New, Making and Defining
Boundaries of open plan gardens
Boundaries of open plan gardens, making them visible
Boundaries, physical evidence for
Boundaries of Registered Land
Boundaries, Shared driveways and parking in open plan gardens;
Boundaries of Unregistered Land
Boundary Definitions of Registered and Unregistered Land
Boundary disputes: A better way
Boundary disputes, causes of
Boundary disputes, general background to causes of
Boundary disputes, Psychological factors affecting
Boundary disputes, Socio-legal factors of
Boundary disputes, technical factors in
Boundary fence, Who is responsible for erecting it?
Boundary surveyor, find a
Boundary Walls
Buildings faces as boundaries

C

Canals, legal presumption
Car parking
Care, Duty of
Causes of boundary disputes
Civil Procedure Rules, Part 35: Experts and Assessors
Contravening Planning Permission
Conveyance Deeds and Plans
Conveyance deed and plan as documentary evidence of boundary
Cost effectiveness of the resolution method
County Court
Currency of Ordnance Survey maps

D

Deed, What is a ?
Deed plans
Deeds, Difficulties in relying on for Boundary definitions
Deeds, Title, where are yours kept?
Deeds, Transfer, and transfer plans
Determined Boundaries
Developers acquire land next door
Developers, what to do when aencountering a NIMBY next door
Dispute Resolution methods
Disputes over rights of way
Documentary evidence: aerial photographs, oblique
Documentary evidence: aerial photographs, vertical
Documentary evidence: conveyance deed and plan
Documentary evidence: Local searches
Documentary evidence: maps, published
Documentary evidence: photographs, archived collections
Documentary evidence: photographs, in the family album
Documentary evidence: Planning drawings
Documentary evidence: Sales plans
Documentary evidence: Sellers Property Information     Form
Documentary evidence: title register and title plan
Documentary evidence: Witness Statements
Driveways and parking
Driveways, Shared, and parking
Duty of care
Duty of support

E

Easement, explanation of
Estoppel
Excessive user of a private right of way
Extinguishing a private right of way

F

Fence, boundary, Who is responsible for erecting it?
Fence, Your neighbour's
Fences and adverse possession
Fences & boundaries
Fences, legal presumption
Fencing one's land: Obligations
Fence replacement leads to confusion
Field numbers on Ordnance Survey maps
Find a boundary surveyor
Find a property litigation solicitor
Fixed boundary
Foot, private right of way on
Foreshore, legal presumption
Frontages, Road and General Boundaries

G

General Boundaries at Road Frontages
General boundaries, Title Plans show only
Generalisation of ground features shown on Ordnance Survey maps

H

Boundary Disputes and Harassment
Hedges & boundaries Hedge and Ditch presumption, The
Hedges, legal presumption
Hedges, Rural
Trimming hedges
Hedges in urban areas
High hedges
Highways, legal presumption
Houses, legal presumption
Human Rights Act 1998

I

Investigating boundaries
Investigating boundaries, Assemble the evidence
Investigating boundaries, Believe nothing
Investigating boundaries, Draw conclusions
Investigating boundaries, Evaluate the evidence
Islands, legal presumption

J

K

L

Lakes, legal presumption
Land Registration Act 2002
Land Registry Title Plans
Law of Property Act 1925
Legal Concepts affecting Boundaries
Legal Precedent
Legal presumption
Legal presumption, Beaches
Legal Presumptions for Boundaries
Legal presumption, Canals
Legal presumption, Fences
Legal presumption, The Hedge and Ditch presumption
Legal presumption, Hedges
Legal presumption, Highways
Legal presumption, Houses
Legal presumption, Islands
Legal presumption, Lakes
Legal presumption, Railways
Legal presumption, Rivers
Legal presumption, Seashore
Legal presumption, Waste land
Light, Right to
Limitation Act 1980
    Litigation
Local searches as documentary evidence for boundaries

M

Making visible the boundaries of open plan front gardens
Map interpretation of Ordnance Survey maps
Maps, published, as documentary evidence for boundaries

N

Neighbour disputes, other
Neighbour nuisance, other
Neighbouring Land, rights over
(Your) neighbour's fence
Neighbours, Psychology of, in boundary disputes
NIMBY: what a developer should do when encountering one next door
Noisy neighbours

O

Obligation to fence one's land
Open plan gardens, Boundaries of
Open plan front gardens, making the boundaries visible
Ordnance Survey Act 1841
Ordnance Survey maps, Currency of
Ordnance Survey maps, Field numbers on
Ordnance Survey maps generally used in boundary demarcation
Ordnance Survey maps, interpretation of
Ordnance Survey maps, Relative Accuracy table
Ordnance Survey maps: Scale, accuracy and perception
Ordnance Survey maps: Selection and Generalisation of ground features shown on
Ordnance Survey maps, Use with care
Ordnance Survey maps, Using
Other neighbour disputes
Other neighbour nuisance

P

Parcels clause of a conveyance
Parking on shared driveways
Party Wall Etc. Act 1996
Party Walls
Photographs, archived collections as documentary evidence for boundaries
Photographs, in the family album as documentary evidence for boundaries
Physical Evidence for boundaries
Planning drawings as documentary evidence for boundaries
Planning Permission, Contravening
Pollution, smoke and airborne
Possessory Title
Prescription Act 1832
Private right of way
Private right of way, Excessive user of
Private right of way, extinguishing
Private right of way on foot
Private right of way, repairs to
Private right of way, Varying
Private right of way, with vehicles
Property litigation solicitor, Find a
Property Misdescriptions Act 1991
Psychology of neighbours in boundary disputes

Q

R

Railways, legal presumption
Relative Accuracy table for Ordnance Survey maps
Repairing a private right of way
Replacement fence leads to confusion
Retaining Walls
Right of way, Private
Right of way, private, on foot
Right to Light
Rights over Neighbouring Land
Right of Support
Right of way, private, with vehicles
Rights of way, disputes over
Rivers, legal presumption
(No) right to sun or air
(No) right to a view
Road Frontages and General Boundaries
Rubbish
Rural Conventions
Rural hedges

S

Sales plans as documentary evidence for boundaries
Scale, accuracy and perception: Ordnance Survey maps
Seashore, legal presumption
Selection and Generalisation of ground features shown on Ordnance Survey maps
Sellers Property Information Form as documentary evidence for boundaries
Shared driveways and parking
Smoke and airborne pollution
Solicitor, property litigation, Find a
Statute Law for Boundaries
Sun or air, No right to
Support, Duty of
Support, Right of
surveyor, Finding the
Surveyor's skills
Surveyor, What kind of?

T

Title register and title plan as documentary evidence for boundaries
Title Deeds, where are yours kept?
Title Plans, Land Registry
Title Plans show only general boundaries
Title plan, Understanding the
Title plan, What does it show?
Title plan, what it does NOT show
Transfer deeds and transfer plans
Trees, your neighbour's
Trimming hedges

U

Urban hedges
Use Ordnance Survey maps with care
Using Ordnance Survey maps

V

Varying a private right of way
Vehicular private right of way
View, No right to a
Making the boundary visible

W

Walls & boundaries
Waste land, legal presumption
Water Rights
Wells
Witness Statements as documentary evidence for boundaries

X

Y

Your neighbour's fence

Z

 

 

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