RICS property guides

Guide to boundary disputes

June 2007

What is a boundary?

Land Registry records the general position of the boundaries in each registered title using an adapted large scale Ordnance Survey plan. This title plan may not accurately represent the true ground positions of the boundaries. The Land Registration Act 2002 allows you under certain conditions to determine and record the exact line of your boundaries on a registered title, to avoid any future boundary dispute.

But what happens, for instance, if a neighbour complains a new wall is overlapping their land, or their new extension takes up part of a pathway between your houses?

A minor disagreement can quickly become a full-scale dispute involving solicitors’ letters and threats of court action. Even more damaging are the costs involved. In London, a square metre

(10 square foot) piece of disputed land is worth around £600. Ultimately, the cost of protecting your right to that land in court could be 50 or 100 times that much, so it pays to think hard before rushing into legal action.

What should you do?

Get a specialist to look at all aspects of the problem and advise on whether or not you have a case.

Chartered surveyors specialising in boundaries are professional advisors with relevant knowledge of both property issues and the law.

They will look at the problem, prepare any technical data that may help solve the dispute at an early stage and, if necessary, provide a court with the appropriate advice and information needed to make a judgement. They will also advise on alternative dispute resolution procedures, which would avoid the need to go to court.

Accurately identifying the boundary

Accurately identifying the boundary between two properties often requires specialist knowledge.

The red line drawn around a property on the Land Registry plan only shows the general boundary. It does not identify whether the boundary runs along the centre of a hedge or along one side of it. Ordnance Survey maps are equally unreliable because, as part of the mapping process, they do not mark exact property boundaries. So a line surrounding the property is not necessarily the property boundary.

A chartered land surveyor will not only survey the land, check deeds and the plans attached to them, but will refer to historical documents and aerial photographs.

A boundary can change over time for many reasons: a diverted water course, or a wooden fence that moves slightly every time it is replaced. The reason for such changes is rarely recorded and can lead to disputes, especially if the owner has lost the right to move the boundary line back to its original position.

Dealing with disputes

The key to resolving a dispute speedily and successfully is to seek expert advice as soon as possible. In the first instance, this advice can be from either a chartered land surveyor or a chartered surveyor specialising in boundary disputes. Before you ask an expert to work on your behalf, check the following:

• Do they specialise in boundary work?

• Do they have experience of mapping and land surveys?

• Are they skilled at interpreting aerial photographs?

• Are they familiar with the latest civil procedure rules and experienced in preparing reports for court?

• Do they have experience as an expert witness in court and, if so, how many court appearances have they made in the last year?

If you can settle the matter before going to court, or if the court defines a boundary line and writes an order, the chartered land surveyor will mark out your boundary line. They may supervise any fencing or building contractors to make sure there are no further arguments. Ensure they prepare a new plan, to the required specification, showing the agreed boundary line for submission to the Land Registry as a determined boundary.
RICS Boundary disputes helpline 0870 333 1600. The helpline will put you in touch with an experienced, local RICS member who will provide you with up to 30 minutes free advice.

How RICS can help you

As the world’s largest professional body for chartered surveyors, RICS offers clear, impartial, expert advice on the issues raised here.

Chartered surveyors cover all aspects of property: from conserving and restoring historic buildings; residential and commercial; industrial and retail to planning home extensions, homebuyer surveys and valuations, dilapidations, boundary disputes, energy efficiency and party walls.

Using the services of RICS members offers real peace of mind because:

• We give you clear, impartial and expert advice

• We have strict codes of conduct to protect you – including proper insurance

• As RICS members we have to update our skills and knowledge throughout our careers, so you can rely on our expertise

• You are further protected by our formal complaints service.

RICS (Royal Institution of Chartered Surveyors) is the largest organisation for professionals in property, land, construction and related environmental issues worldwide. We promote best practice, regulation and consumer protection to business and the public. With 120 000 members, RICS is the leading source of property related knowledge, providing independent, impartial advice to governments and global organisations.