This page explains what a boundary is and when a topographic survey – carried out by an RICS professional – may be useful in resolving disputes about them.
This information is for consumers based in the UK.
How to avoid boundary disputes
‘Good boundaries make good neighbours’ is a well-worn phrase for a reason. When the boundaries between properties are not clear, this can lead to disputes, which can cause stress and are costly and time-consuming to resolve. To avoid conflict over boundaries, it helps to understand the position and condition of the boundaries of your property, and establish a relationship with your adjoining neighbours.
How are property boundaries governed?
In England and Wales, a general boundary system is in place. HM Land Registry records the ‘general boundary’ on the ‘title plan’ using Ordnance Survey (OS) mapping to ‘indicate’ the extent of a registered title, creating a title plan for each property. Rules about land and boundaries are different in Scotland and Northern Ireland.
What is a title plan?
A title plan shows the land included in a property registered with HM Land Registry. The red line on the title plan indicates the extent of the registered land and the ‘general’ position of the boundary, based on existing topographical features shown on OS mapping.
HM Land Registry use the available OS mapping at when creating the title plan, so there may be variations between adjacent titles. Bear in mind that title plans do not show exact boundaries (unless the boundary has been determined and recorded as such) and do not define the ‘legal’ boundary. However, the level of detail is usually sufficient to establish a ‘general’ agreed boundary between residential properties and can be relied on by most . Scaling up title plans to get the required level of detail is not advisable. In these cases, a topographic survey will be able to provide you with the level of detail you require.
What is the ‘paper title’ and the ‘legal boundary’?
Where a boundary is created by a conveyance of land, the ‘paper title’ boundary is also the legal boundary. When trying to establish your boundaries, it can be useful to identify the originating conveyance that created the legal boundary in question. However, this may be difficult to obtain if the division of land goes back many decades – or even centuries.
While the paper title boundary remains unchanged over time, the legal boundary can change after the date of the first conveyance as the land is used over time. For example, a formal or informal boundary agreement between neighbours can change the legal boundary.
What is the ‘physical’ boundary and an ‘established’ boundary?
While a paper title or legal boundary is an invisible or a theoretical line, the ‘physical’ boundary describes a physical feature, such as a fence, a wall or a hedge, that has demarcated the boundary for a substantial number of years. Whether this established physical boundary has become the legal boundary, as well as the relationship between the physical feature and the legal boundary, is a matter of law.
How do I know what the boundaries of my property are?
- Obtain the conveyances/transfers of the property from your lawyer or conveyancer.
- Obtain the HM Land Registry title plan from the HM Land Registry website.
- Compare the conveyances/transfers or HM Land Registry title plans to your existing boundaries. If you are in the process of buying a property, you should compare the title plan to the property documentation before exchanging contracts. Ask the seller to clarify any differences. The seller may need to seek the advice of a chartered surveyor specialising in boundaries to do this.
- Look at the physical features. Most properties have physical features that help define the boundaries. Look for fences and walls, sides of buildings, hedges, roads, ditches, edging stones, rivers and streams. Bear in mind that small differences, such as a jut in a fence, may not be illustrated on either the title plan or any conveyance or transfer plan.
- Talk to the neighbours! They may have working assumptions about where the boundaries lie and who maintains what (such as who is responsible for repairs to fences). Establish a relationship so you can resolve any issues without conflict.
What should I do in a boundary dispute?
In the event of a dispute over where the boundary lies, it is important that you and your neighbours obtain all the available information about your boundary listed previously, and ideally share that information with each other and try to come to an agreement.
If you are unable to come to an agreement, a topographic survey undertaken by a chartered land surveyor may help. You can find surveyors who specialise in boundary disputes through the RICS Find a Surveyor website.
What is a topographic survey?
A topographic survey, sometimes referred to as a land or measured survey, is the process required to record the location of both the natural and man-made features in an area, and then produce an accurate and detailed plan identifying them. The collected data can be presented in many formats, from a simple paper plan to a full 3D digital model, depending on your requirements. Today, the most common presentation is as a PDF. Topographic surveys are most commonly used for commercial property projects but can also be used for domestic properties and to help solve disputes.