By Andrew Humphreys
There are many myths surrounding boundaries and responsibilities, so weâve put together this short guide to help you understand where your property boundary is â or if you donât, knowing how to find it!
Is it important to know my boundaries?
Sometimes itâs easy to spot exactly where your property boundary is. Chances are, there will be a fence or a hedge or some other structure that helps define the boundary
but that is not always the case. Boundaries can sometimes be overgrown or no there is no definitive boundary to be seen.
There could even be some not-so-neighbourly disputes that occur about trees planted on a boundary for example, with one side saying the other has to sort things out and the other side are in disagreement. Thatâs why itâs important to understand boundaries! Not to mention the fact that itâs useful to know exactly whatâs yours!
Wonât the title deed of the property tell me about my boundary?
While you would have the title deed would tell you about your boundary, itâs not always the case. But it is a good place to start.
If you look at the Government website, itâll tell you that to find out about boundaries. You will need to look at the Land Registry website and find the title plans. The Land Registry is where ownership of land is registered, and the title plan outlines the land in question.
The website states: âMost title plans donât show exact boundariesâ, however, this is not a huge issue as the website goes on to state that âyou usually donât need to have the exact boundaries recorded anywhereâ.
So, I can make an agreement with a neighbour about my boundaries?
Yes, you can make an agreement with a neighbour. This is handy because between you there can then be no dispute as to which bit of land is yours and what you are responsible for.
You can do this informally, or you can apply to have it officially registered. There is a process to go through and certain details are required. Itâs best to seek formal legal advice on matters like this.
Is it right that the rule is that Iâm responsible for the left-hand side of a property boundary?
This is something many people believe to be true but itâs not! There is, in fact, no legal basis to this.
Some people, even solicitors, will say that a red line on a title deed marks the boundaries, and therefore responsibilities, but this is not always the case either.
As the Land Registry says, itâs just the general boundary. The red line will fall within the boundary, but in the case of a dispute, it is the courts that will decide.
What if my boundary is obviously marked by a fence and trees?
If you plant a hedge or a tree, what happens when it grows so wide that the original boundary becomes obscured? You may have a fence installed â but does it run along the boundary or is it just inside? Itâs fair to say that you should not assume anything.
How can I find out where my boundary is for sure?
There is a document called a Title Plan. On that plan, which goes right back to when the land was originally developed and sold, there will be a boundary mark, and on it will be a shape like the capital letter T. Where the top of the T falls, it is the owner of that land that has a particular responsibility.
But, again, be careful. Just because you have responsibility does not necessarily mean you have ownership!
Are boundaries really this confusing?
Itâs quite obvious that the rules on boundaries arenât always crystal clear. But, you will need the information when you are ready to sell your property. Your conveyancer will definitely want to know about boundaries and responsibilities because the Land Registry will need to know who owns what and where. And of course, you and your buyer will want to know for sure too. A conveyancer will likely ask if the boundaries are your understanding.
So, if youâre thinking about moving home, we suggest that you gather all the paperwork regarding boundaries together in good time so that it can be presented to the conveyancers. If there are any issues with land ownership and boundary lines, they are the ones who will ask the questions and raise enquiries.
While boundaries are not an issue for the majority of home movers, they can become a legal minefield for others and itâs easy to see why neighbourly disputes can occur.
If you have any questions, please do get in touch. Avocado Property are your local property agents for Slough.