Wherever your property is, you may have issues with neighbours regarding where your property ends and where their finishes. Sometimes, there can be confusion between who owns certain tress, fences, hedges between houses. This article intends to look through everything regarding regulations around a property’s boundaries.
According to the Government’s website, if a homeowner lives in England or Wales, there is usually no records of the exact boundaries between properties. In Scotland and Northern Ireland, the rules around boundaries slightly differ.
However, if a homeowner is struggling to know what boundaries they own, they can get an idea by looking at their title plans. They don’t show the exact boundaries, although most cases don’t usually need the exact recorded boundaries. Those that believe their title plan is wrong can apply to have it corrected through the Government website.
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Making Boundary Agreements With Your Neighbour
A boundary agreement basically records which party is responsible for the maintenance certain areas, whether it be a tree, bush or part of fence.
If you and your neighbour decide to create a boundary agreement needs to include:
- Name and address
- Neighbour’s name/address
- Boundary that has been agreed
- The date of which the boundary agreement was made
Within the agreement, you could also include any maps drawn out, a written description or a copy of an ordnance survey map.
A boundary agreement however does not all either neighbour to give away or sell part of their land. If you are wanting to do either of these, you will be required to seek legal advice.
Creating a boundary isn’t too hard, there are plenty of example to choose form on the Government website.
Recording The Exact Boundary
Neighbours that want to have their exact boundaries recorded can apply for what is known as a ‘determined boundary’. Although, in order to do so, a property needs to be registered with the HM Land Registry (HMLR).
To apply, there are certain pieces of evidence that needs to be sent into HMLR to determine any new boundaries. This includes an expert report, any certified copies of property deeds, a written statement from a solicitor, a completed ‘exact line boundary’ form, a plan conveying the new boundaries made by a chartered land surveyor and any other evidence to support the application.
The application itself costs around £90 plus any fees paid to solicitors and surveyors fees.
After the completion of an application, HMLR will decide whether to allow both neighbours the go ahead on making the new boundary.
Correcting Any Boundary Mistakes
If a homeowner already has boundaries in place, but needs to correct them, the best course of action is to write straight to the HMLR. Within the letter, detail the mistake and any copies of evidence you may have to support the letter itself. This supportive evidence may be certified copies of your original deeds.
If there is a mistake, then the HMLR will help the homeowner to correct it.
If you need more advice, head straight to the Gov.UK website
I started writing for PPO back in August 2019. I particularly enjoy writing about new housing developments and upcoming property events.