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What these two cats will do to each other inside the boundary line is another matter. Doris Lessing ON CATS ()We were deal level with it, as if someone had.
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That is no accident. A legal boundary is a notional line, of no thickness, that is used to distinguish one property from that of another.

Beyond the bounds: resolving boundary disputes - Surveyors Journal

In practice, a legal boundary is not necessarily a surveying or mapping issue. What physically exists on the ground and is accepted by the parties to it constitutes the actual legal boundary. The boundaries will most likely, save for some scenarios, be vaguely defined by the OS on their Land Registry-compliant maps. However, GTS mapping will reduce your risk, as its accuracy will be in the order of millimetres, unlike the mapping that you refer to. If it is a general map, then it may not matter.

Will a Land Registry-compliant map define the boundary of my house?

If it is a map that you propose appending to a contract for sale to depict the exact plot, then it is very important that you do check with your solicitor and have him or her confirm what wording they intend to use in the actual contract when referring to the map. Assuming the area being transferred is the entire of the plot of ground, without any restrictions, then the correct colour is red.

For the avoidance of doubt or confusion, land surveying and geomatics are principally the same profession; however, the latter is the more recent term. Geomatics incorporates traditional land surveying and newer disciplines such as remote sensing and information sciences. Sarah Sherlock is a legal-mapping surveyor and member of the Society of Chartered Surveyors Ireland; scsi. Townhouse in the Dordogne, apartment in Turkey or villa in Italy.

Will a Land Registry-compliant map define the boundary of my house? When I sell, what is the correct procedure to ensure an accurate boundary? Wed, May 16, , New to Market. Commercial Property. Sponsored Minding the gender pay gap — much more than a compliance issue. A story of Irish whiskey.

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Screen Name Selection. Land Registry is NOT responsible for deciding where to place the boundaries that divide individual parcels of land. That responsibility falls to the owner who divided the land into the present parcels. The description of the boundary given in the title deeds produced by or for the vendor is usually sadly wanting: see Boundary Descriptions , and Conveyance Deeds and Plans. It is the poor standards of boundary descriptions in conveyances that forced Land Registry to adopt the principle of recording only the "general boundary" as early as It is Land Registry's duty to examine the title deeds submitted to them at first registration of the property and to interpret onto the Ordnance Survey map the general position of the boundary.

Remember, the Land Registration Act, tells us that:. The red line shown on the title plan is not the 'general boundary' but is edging placed along the inside of a black line on the Ordnance Survey map, and it is this black line that carries the 'general boundary'. The Ordnance Survey map is a map of the physical features of the landscape and is a map that was made without enquiry as to the positions of property boundaries.

So the line used as the general boundary is a physical feature and the exact relationship between the boundary and the physical feature is unknown. The Ordnance Survey map is known to contain small errors. There are also issues relating to selection and generalisation of the features, and these factors have an effect upon the relative accuracy of the map see Using Ordnance Survey maps , where you will also find an Example of confusion arising from map generalisation.

Sometimes developers build and sell houses faster than Ordnance Survey is able to survey them. In such instances Land Registry has based its title plans on the developer's transfer plans.

As we have seen, at Developer's layout plans on the "Conveyance Deeds and Deed Plans" page, such transfer plans are often a statement of the design intentions rather than a record of what was actually built. Such transfer plans are likely to be particularly misleading as the example further down this page also deomonstrates. The title plan identifies the land in the registered title and it gives only a general indication of the position of the boundaries of that land. In rare cases and this will be noted on the register either a boundary agreeement or a registration of the exact line of the boundary will affect the registered title, and it is only via such a boundary agreement or determined boundary that Land Registry is able to tell us the exact position of the boundary.

The title plan does NOT show the exact position of the legal boundary nor its relationship to the physical features adopted as the general boundary.

Beyond the bounds: resolving boundary disputes

Official copies of title plans carry the following warning:. The title plan does NOT show the dimensions: in exceptional circumstances a dimension will be reproduced on a title plan, such as the one in the example at paragraph 12 of Land Registry's Land Registry plans: title plan practice guide 40, supplement 5. Whilst it is not a common practice, I have seen many more examples of title registers that quote a portion of a conveyance deed that refers to T-marks shown on the conveyance plan: there is then a note following the register entry that follows a format such as:.

It is Land Registry's practice when creating a new title plan to attempt - as a desk exercise - to reconcile to the Ordnance Survey map the information submitted with an application for first registration. Only if they encounter a complication will they send someone out to site to resolve the complication.

The case that is illustrated at Example of a General Boundary on the "Understanding General Boundaries" page demonstrates how an inaccurate title plan can result when a transfer plan is taken at face value with no ground check as to whether it reflects what is actually on the ground. It also demonstrates the misunderstanding to which landowners can fall prey when they place too much reliance on the general boundary shown on an inaccurate title plan.

Hopefully this page has convinced the reader that: Land Registry title plans do not show the exact line of the boundary. The reader should also be aware that Land Registry is NOT responsible for defining property boundaries. LR Blog: Drawing the line on boundaries. Your property boundaries. Title Plans show only general boundaries What does a title plan show? Can I use the title plan to work out the exact position of my boundary?

Surely title plans must be right? Boundary definitions: Can I use the title plan to measure to my boundary from the side of my house? Land Registry plays no part in deciding where boundaries are located; that decision falls to the owner of a larger piece of land who divides his land in order to sell the divided-off part. Land Registry's title plan is but an interpretation of the transfer deed that attended the division and sale of the land: the title plan is not the primary source for the description of the boundary.

Firstly, the title plan is based upon the Ordnance Survey map, and as to the accuracy limitations of the Ordnance Survey map, one need only consult the table of relative accuracy of Ordnance Survey maps to appreciate how dangerous it might be to scale a distance from a title plan. Moreover, there is a warning in red text at the foot of the title plan that states: This title plan shows the general position, not the exact line, of the boundaries. Land Registry is required by Section 60 of the Land Registration Act, to show only the general position of a boundary.

Section 12 of the Ordnance Survey Act, decrees that Ordnance Survey maps " shall not extend, or be deemed or be construed to extend, to ascertain, define, alter, enlarge, increase or decrease, nor in any way to affect, any Boundary or Boundaries of These two pieces of legislation effectively mean that a title plan cannot show the exact line of a boundary.

To reinforce the message, I will now quote the thrice repeated banner in Nicholoas Isaac's article Resolving boundary disputes - Lesson 1: Boundaries and Land Registry plans , which reads: Land Registry plans do not show where the boundary is. What does a title plan show? Remember, the Land Registration Act, tells us that: The boundary of a registered estate as shown for the purposes of the register is a general boundary, unless shown as determined under this section.

Title plan for a modern detached house. Note that the red edging is placed to the inside of the black general boundary lines to which it draws attention.

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Thus the general boundary runs: north side along the back of the roadside footpath; west across unmarked open plan front garden, along garage party wall, along fence; south along the southern of two parallel features; east along a fence, along the flank of the house, across open plan front garden. Part of the title plan for the developer's land from which the land sold off as new houses including the house at left has been excluded.

Each excluded land parcel is indicated by green edging, and its title number blurred in the above example is also shown in green. To avoid a clash of red and green edging, the green edging is sometimes shown to the outside of the general boundary to which it draws attention.

Official copies of title plans carry the following warning: " This title plan shows the general position of the boundaries: it does not show the exact line of the boundaries. The title plan does NOT show the dimensions: in exceptional circumstances a dimension will be reproduced on a title plan, such as the one in the example at paragraph 12 of Land Registry's Land Registry plans: title plan practice guide 40, supplement 5 The title plan does NOT normally show T-marks: I have only once seen T-marks on a title plan.

Whilst it is not a common practice, I have seen many more examples of title registers that quote a portion of a conveyance deed that refers to T-marks shown on the conveyance plan: there is then a note following the register entry that follows a format such as: " NOTE: T-marks affect the eastern and southern boundaries of the land in this title". When I do so I find that the fence is nearer to my house than the title plan says it should be.


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Am I right in thinking that my neighbour must move the fence? This is, sadly, a common error. Firstly, Land Registry is not responsible for specifying where the boundary should be: that is the responsibility of the owner who divided the land into its present parcels. It is Land Registry's duty to show only the general position of the boundary.