The general boundaries rule says that where the boundary is outside of the scope of the registered title, as shown on the title plan, the land will not be removed from the title necessarily.Īlternatively, it is possible to enter into a boundary agreement whereby a transfer of land is involved. Where the agreed position of the boundary differs from what is shown on the title plan, the agreement can only have identified the current position of the legal boundary if the agreed position is within the scope of the general boundaries rule. This type of agreement does not necessarily have to be put in writing.
It is also presumed that the agreed position is in line with the true position of the legal boundary. It is presumed that a boundary agreement does not involve transferring any land between the two owners and therefore, you retain all of your land and your neighbour would retain all of theirs. There are two ways with registered land that you can do this:Ī boundary agreement can deal with the position of the legal boundary as well as the maintenance of it. On some occasions it is necessary to establish the boundary between you and your neighbour if the filed plan is not accurate. For example, a historical hedge or the remains of an old fence line may prove the existence of a legal boundary.
The land registry’s plan is only indicative, whilst the on the ground line represents the legal boundary. Clients often ask why an on the ground boundary differs to the red line on their land registry filed plan.
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