BOUNDARY SURVEYS

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The Challenge of General Boundaries

Under the Land Registration Act 2002, HM Land Registry oversee the administration and composition of all registers and title plans of all registered parcels of land. The boundaries used within title plans only show “general boundaries”; the principle of general boundaries states that a general boundary is an invisible dividing line between two parcels of land, which is unlikely to agree with a physical boundary such as a fence, hedge, or wall.

As a result of this principle, the red line present on the plans is only indicative and represents the extent of ownership, rather than an actual boundary, nor a precise legal line. This lack of absolute accuracy can lead to ambiguities and disputes between neighbours when there are perceived differences on the ground or when new boundary features are constructed. As urban expansion and redevelopment increase, the need for well-defined boundaries on up-to-date mapping is paramount. Disputes usually arise when boundaries are unclear, so any efforts that can be made to record a distinct, agreed boundary are vital when transferring, registering, or proving a title.

Boundary Features

While physical features, such as a fence, hedge, shared wall, or post, may suggest a boundary position, they don’t always match the intended legal boundary line. Land and property owners can make boundary agreements to avoid disputes, which can then be recorded with the Land Registry. However, existing title plans may be drawn on old mapping that either does not include up to date features or is not displayed clearly enough to support an agreement. Therefore, it is essential to seek the support of a boundary surveyor to not only map the chosen features and their respective surroundings, but to fit the existing title plans to current Ordnance Survey mapping.

Professional Boundary Services

At J C White Geomatics Ltd., we provide clarity and experience with decades worth of boundary analysis for land and property owners, solicitors, and developers. We have a team of land surveyors who can assist with any boundary surveying needs, whether you need a transfer plan prepared or are involved in a dispute. We approach each project as unique and understand that they each have individual circumstances so can tailor our approach accordingly, focusing on transparent communication and expert guidance. Our boundary services are built upon accurate topographical methodologies using the latest survey-grade equipment. The experience we’ve gathered enables us to identify pertinent features, cross-reference historic imagery and mapping, and produce compliant documentation in a manner that is efficient and effective in time and cost. This has enabled us to develop working relationships with a large number of solicitor firms and developers since the company was founded in 1981.

Whilst disputes can happen between adjoining land owners, not all of these need to escalate to costly and time-intensive court proceedings. At J C White Geomatics Ltd., we always aim for our contribution to aid an amicable resolution and therefore can provide detailed reports and plans to demonstrate a possible solution. That being said, in relation to disputes, we have taken the decision to adopt a company policy to not provide a Civil Procedure Rule Part 35 (CPR 35) report or act as an Expert Witness in any civil proceedings.

Use of J C White Geomatics Ltd. Boundary Plans

The plans we prepare support a wide range of applications and Land Registry documentation. Correctly prepared Land Registry compliant plans are crucial to accurately define the extents of land during any of the below applications:

• Transfers
• Leases
• First Registration
• Adverse Possession
• Boundary Agreements
• Determined Boundaries

We can also carry out boundary survey work to, as best as reasonably practicable, offer an expert opinion as to the potential original intended boundary position between properties in the case of a boundary location dispute. This is done by utilising the latest precise surveying techniques along with Land Registry documents (such as title plans, conveyances, and transfer plans), historical mapping, historical records, historical aerial photography as well as other evidence that may be available. Boundary disputes can often become a lengthy, expensive, drawn-out affair; commissioning a boundary survey/report can potentially help to resolve the issue without the need for costly legal proceedings.