Boundary dispute
We are planning on purchasing a house that has been empty for many years whilst the elderly occupant was in a care home. During this time, I think that the next door neighbours moved the boundary in their favour by moving the simple fence that separates the two properties. I cannot believe that the garden of the house we want was really meant to be the very strange shape it now is. The new shape also doesn’t seem to reflect the boundaries marked on the Land Registry documentation. What can we do?
The boundaries that are marked on the Land Registry file plans in red are not considered to be accurate. The Land Registration Act of 2002 says that any boundary shown on the register is a ‘general’ boundary. This does not provide an exact or defining boundary line.
I suspect asking the neighbours for a written Boundary Agreement will not work in this case due to the nature of the situation that could escalate into a heated dispute. I would therefore suggest that you contact the Land Registry to determine the exact boundary line. This precise boundary application is available appears under Section 60 of the Land Registration Act 2002. The level of arbitration and subsequent outcome carries more weight than a simple Boundary Agreement as it provides a definitive and on-going boundary. You will not be surprised to learn that this can be an expensive option as these types of complex disputes are often referred to a Land Registry independent adjudicator.
Back to Buying a property»