General boundary rule and how exact boundaries are determined
LRA 2002 s.60: Land Registry title plan shows GENERAL boundary only — not the exact legal boundary. Exact boundary is determined by: (1) original conveyance or transfer deed and its plan (obtain via OC2); (2) physical features at the time of conveyance (walls; fences; hedges; ditches); (3) rules of construction (T-marks on plan; hedge-and-ditch presumption; wall footings presumption). Form DB (LRR 2003 r.122): registers the exact boundary as a 'determined boundary' at HMLR — requires either written agreement of both neighbouring proprietors or a court/tribunal order.
- Title plan is based on OS mapping (1:1250 urban; 1:2500 rural) — not accurate enough to determine legal boundary to within inches
- Check original conveyance plan via OC2 (official copy of document from HMLR — £7) — often more informative than current title plan
- T-marks on conveyance plan: top of the T conventionally marks the owner of the wall/fence on that side of the boundary
- Form DB application: once both parties agree the exact line, locks it in permanently on the Land Register for all future owners
Adverse possession of boundary strips, Party Wall Act, and practical steps
Adverse possession (LRA 2002 Sch.6): 10 years' factual exclusive possession of a strip of registered land; apply Form ADV1 to HMLR; registered owner notified; 65 business days to object; 'reasonable mistake' ground available where applicant had reasonable belief the strip was within their title. Party Wall etc. Act 1996 governs works to party walls and party structures — does NOT determine boundary ownership; a party wall surveyor has no jurisdiction to decide who owns a boundary wall.
- Adverse possession: factual exclusive possession must be open (not hidden); continuous; without the registered owner's permission for 10 years
- Reasonable mistake ground: specifically designed for small boundary strips enclosed by a misplaced fence — most common ground relied on in residential boundary strip claims
- Party Wall Act 1996: serve Party Wall Notice before works within 3 metres (at depths up to 1m below neighbour's foundations) or 6 metres (deeper excavations) — but Act does NOT resolve who owns the boundary wall itself
- Trees: neighbour may cut back overhanging branches to boundary line; High Hedges (Anti-social Behaviour Act 2003 Part 8): local authority complaint for hedge over 2m of 2+ evergreen shrubs adversely affecting enjoyment