Boundary disputes frequently occur when a neighbour erects a new fence or plants a hedge along what they believed to be the boundary line but is said to be incorrectly placed by the neighbour.
How does the court or tribunal go about resolving such a dispute?
The starting point for the court is to refer back to the original conveyance or transfer that created the boundary and the background facts as they existed. The court will consider the documents and the description of the land, any reference to dimensions and any attached plan (see Alan Wibberley Building Limited v Insley [1999] 1. W.L.R. 894).
It must be borne in mind that Land Registry title plans show general (approximate) boundaries, not precise ones (section 60(2), Land Registration Act 2002). Plans lodged with the Land Registry are often provided for illustrative purposes and use a small scale hence why it is difficult to determine anything other than a general rather than an exact boundary.
If the court is not able to determine the boundary from the title documents and plan (i.e. the title plan and documents are not sufficiently clear to the reasonable lay person) the court is entitled to take account of extrinsic evidence such as topographical features.
There are certain presumptions which may be drawn from the topographical features including the ‘usque ad medium filum viae’ rule which presumes that adjoining owners own the subsoil as far as the middle of a road and if there exists a hedge and a ditch along a boundary, in such a case, it is presumed that the boundary lies along the edge of the ditch on the far side from the hedge.
Other extrinsic evidence used to determine the boundary includes historic photographs (including aerial photography), old maps and plans, physical features on the land and witness evidence. The courts often rely upon expert surveyor evidence as to measurements and surveys of the relevant ground features.
Often boundary disputes form part of wider disputes that may include trespass and adverse possession.
If you would like to instruct Edward Webb in respect of your boundary dispute, please get in touch with his clerk Kassandra Morris at civil@kchgardensquare.co.uk or 0116 298 7500.
