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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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I have inherited a cottage and trying to determine the boundaries.

Customer Question

Hi I have inherited a cottage and trying to determine the boundaries. From the original OS map it looks different to the boundaries that are currently in place. As the current boundaries have been established and accepted by all parties involved are these now the new boundaries?
Submitted: 2 years ago.
Category: Property Law
Expert:  Buachaill replied 2 years ago.
1. In a situation where the existing boundaries differ to the OS map and the title deeds, then the boundary should be placed at what are the surveyed points. This is because it is impossible to have claimed adverse possession to land where the boundary was mistakenly placed as in order to obtain adverse possession and thereby title to unregistered land, the person must have the necessary animus possidendi or intention to possess, adverse to the interest of the true owner.
Expert:  Buachaill replied 2 years ago.
2. In a situation where a person doesn't know that the boundary is in the wrong place, they can never have the necessary intention to possess as they don't even know that the boundary is in the wrong place to adversely possess it. So here, you should suggest to your neighbour that you carry out a survey to ascertain the correct boundaries and then put the boundary there.
Expert:  Buachaill replied 2 years ago.
3. The other alternative is to simply erect a fence in the correct place as suggested by your survey. This has the benefit of surprise so that your neighbour cannot argue the toss about whether he knew about the incorrect placing of the fence or not. However, it is likely to provoke a confrontation with your neighbour.
Expert:  Buachaill replied 2 years ago.
4. Your other alternative is to register the land with the Land Registry. There can be no adverse possession to registered land. So you get rid of the problem of adverse possession by registering the land. Subsequent to registration, you can then put the boundary in the correct place.
Expert:  Buachaill replied 2 years ago.
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