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Residential Property Boundary Disputes

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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).

Property Dispute Litigation Frequently Asked Questions

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We deal with an array of issues and matters that arise from property ownership and possession, here are three of the most common points upon which our advice, and if necessary representation is sought:-

Can you claim land as your own if you maintain it?

In general it is possible to claim what is known as “adverse possession” if you have been occupying/using land that you do not own, rent or have express permission to use, provided it has been continually occupied by you or a previous owner for in excess of 12 years without any objection from the registered owner.

Can you claim unregistered land as your own?

You may own property, land or both that despite being legally owned by you is not registered with the land registry as yours. This could be that the area in question has not be transferred, bought or sold ever since it became compulsory to register in your area; or it could be that there was a mistake when land registered to you was originally registered and land was excluded from the title plan. In either case an application to the land registry is necessary. Following receipt of the application the land registry would then notify surrounding land owners to ascertain if they have any objection to your application.

Does the Land Registry title plan show the actual boundary of your land/property?

Disputes over boundaries are very common but are far from straightforward. A boundary feature can be a fence, wall, hedge, ditch, piece of wire or sometimes even just the edge of a driveway. The title plan for your property, and that of your neighbour does not tell you exactly where your legal boundary is. The registered title and plan has only a general boundary. Involving a surveyor, coupled with legal advice can assist.

Noise Nuisance

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A recent High Court decision in the case of Fouladi v Darout Limited {2018] EWHC 3501 has confirmed the previous legal position that a landlord (freeholder) is not liable for nuisance caused by its tenant merely because the landlord did not take steps available to him to prevent what was causing the nuisance, even when the landlord knows that its tenant is causing a nuisance.

The court held though that the Claimant had suffered noise nuisance in her flat (flat 62) from the occupiers of flat 66 above her flat and she was therefore successful with her claim against the tenants of flat 66.

There are certain circumstances in which a landlord can be liable for noise nuisance caused by its tenants. Most leases have a covenant for quiet enjoyment and this can be relied upon in some noise nuisance cases. If the landlord participates and/or authorizes the nuisance then he will be liable.

In the recent case referred to above the landlord had failed to address the fact that the occupiers of the flat above the Claimant were carrying out work that they should have obtained consent from the landlord to undertake. Even though the landlord knew the works were being carried out (without consent) he was not liable for the noise nuisance.

Noise nuisance claims are just one area of property litigation that this firm can advise, assist and represent you in relation to.