Residential Property Boundary Disputes
Does the Title Plan for a property determine the boundary for that property?
One of the most common misconceptions that we come across in our property dispute resolution department is that the H M Land Registry title plan denotes unquestionably the precise boundary for a property. If only matters were this simple. The title plan shows with a red line what is known as a “general boundary” only and therefore is of limited significance and use in determining the precise boundary.
A physical boundary may be marked by a fence, wall, hedge, stream, edge of a drive way to name just a few examples. It is necessary to look back at the initial conveyance for the property and if possible the original conveyance plan for more guidance on establishing the boundary lines where there is a dispute.
The historic background and information about the property and its boundary will also be relevant.
Where there is a boundary dispute we will conduct a site visit after perusing all available documentary evidence relating to the property. We will assist in engaging a surveyor if required and then do our upmost to achieve a swift resolution to the dispute, adhering to the Protocol for Disputes between Neighbours about the Location of their Boundary (The Boundary Disputes Protocol).
Jennifer Carpenter became Managing Partner of the firm in January 2014. She was appointed as a Partner in January 2005, having qualified as a solicitor in 2000 after completing her training with the firm. She specialises in Employment, property dispute litigation and contentious probate. She has extensive experience of undertaking advocacy in the Magistrates Court, County Court and Employment Tribunals. Jennifer is also our Compliance Officer for Finance and Administration (COFA) and our Data Protection Officer.
