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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9583
Experience:  Dual qualified Solicitor and Attorney
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We have a curved boundary on our Land Registry

Customer Question

We have a curved boundary on our Land Registry documentation; this was previously a hedge which was removed 9 years ago and marked by a line in what is now a shared drive. Our neighbours are however disputing the curve, saying it was arbitrary as the line of the hedge was not clear - owing to a parking dispute we want to reinstate a physical boundary so we want to be 100% certain on this
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We had a Licences to Park and Right of Way drawn up 2 years ago which clearly stated the boundary; they signed it but now they say it's not worth the paper it's written on. We have recently (2 weeks ago) served notice on this document
JA: Where is the property located?
Customer: Manchester
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Our neighbours have disregarded the Licence for some time now; they extended their drive and now have 3 cars and have been parking across the marked boundary for some time now. When we served notice we installed some lighting pillars on the boundary which they took umbrage to - but we are not on speaking terms, and as far as we were concerned we installed these to demark the boundary further, prevent them from crossing, and put this to bed. I am certain that my neighbour caused deliberate damage to at least one of these, and have some late-night footage which would suggest he did this - though I do not want to press charges. This weekend, they removed the lights (having informed us first)
Submitted: 17 days ago.
Category: Property Law
Expert:  Virtual-mod replied 16 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 16 days ago.
No thanks
Expert:  Jeremy Aldermartin replied 15 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 15 days ago.

From what you have said it is not clear when you got the previous documentation drawn up that you had a determined boundary done.

It should be noted that determining the true boundary is as not as straightforward as it seems. To prove the true boundary you cannot just rely on land registry deeds as these are not considered accurate enough, the Land Registry for example describe them as approximate boundaries or general boundaries under section 60(1) of the Land Registration Act 2002: https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3.

Determining the true legal boundary depends on the terms of the relevant pre-registration conveyance or the transfer as a whole, including, of course, the plan. If the plan is insufficiently clear for the reasonable layperson to determine the position of the boundary, the court can refer to extrinsic evidence and in particular to the physical features on the ground at the time: Cameron v Boggiano [2012] EWCA Civ 157.

Instead you would have to get what is known as a determined boundary which would involve instructing a chartered surveyor to publish a report and then using that as being the determined boundary i.e. the actual boundary by reference to the plans and the physical lay of the land, you can see more about that here: https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined

I trust this assists