Solving Boundary Problems using a Boundary Search
Published: 20-07-2018 | Updated: 10-09-2018
This article highlights how a Boundary Search can solve a boundary dispute simply by supplying copies of all relevant Land Registry documents for the properties on each side of the boundary. The article highlights a boundary dispute and the information obtained from the boundary search, which provided an irrefutable conclusion to the dispute.
A owned a property with a garden at the rear that faced onto a car park owned by B. The boundary position was in dispute because B had submitted plans to re-develop the car park. A perusal of the plans showed that B had included approximately 1 metre of A's garden, which A thought he owned. Ownership of that additional metre of land along the boundary was crucial to B's redevelopment plans.
A obtained a Boundary Search for £89.95. The Title Register merely referred to the garden at the rear but did not mention the area calculations contained within one of the Conveyancing Deeds, and the Title Plan provided no measurements. The Conveyancing Deed that was created when the property was originally sold off as part of the next door property, provided an exact measurement of the property's area and further provided a reference to the Ordnance Survey Map and its old edition date. Obtaining a copy showed the parcel number on the OS Map, from which B's property had been sold off.
From the above information it became apparent that B had made an error.
Copy extract from the Conveyancing Deed
Sale of 1 Metre Strip
A agreed to sell 1 metre of his garden along his boundary to B for a fair sum of money, and B also agreed to pay A's legal expenses. The boundary problem was resolved fairly and to both neighbour's satisfaction. A surveyor was also instructed by B to create a detailed plan to support B's registration of the purchase, to note the sale off on A's Title Register and to show the sold off land on A's Title Plan, with the precise measurements provided by the surveyor.