Understanding Boundaries and the General Boundaries Rule

Determining the exact position of a property boundary can be a complex and often contentious issue. While many assume that Land Registry title plans provide definitive answers, the reality is that most boundaries are general in nature, unless formally determined.

At Ashtons Legal, we regularly assist clients with navigating boundary issues, clarifying ownership, and resolving disputes as efficiently as possible.

What is the General Boundaries Rule?

Under Section 60 of the Land Registration Act 2002, the boundaries shown on HM Land Registry title plans are “general boundaries” and not exact legal lines. This means the red edging on your title plan does not define the precise boundary position unless a formal application for a determined boundary has been made and accepted.

In short, unless a boundary is legally determined, the plans serve only as a general indication of ownership.

Why Boundaries can be unclear

Land Registry title plans are based on Ordnance Survey (OS) maps available at the time of registration. Since OS maps are updated periodically, neighbouring title plans might rely on different versions of these maps, sometimes leading to discrepancies and disputes between landowners.

This can be particularly problematic in rural areas, historic properties, or where changes to physical features have occurred over time.

Key characteristics of a Property Boundary

• A boundary is a line dividing two adjacent plots of land.
• It can be marked by physical features such as fences, hedges, walls, ditches, or natural landmarks.
• Legal documents may refer to boundaries, but rarely with precise measurements.
• A boundary includes the airspace above and subsoil below the land.

How Boundaries can be established or clarified

1. By Agreement: Neighbours can informally or formally agree on a boundary’s location, though formal written agreements are recommended.
2. Professional Survey: A chartered surveyor can assess the land and physical features to provide an expert opinion; however, this is not always legally binding.
3. Historical Evidence: Old title deeds, aerial photographs, and maintenance records may support a boundary position.
4. Dispute Resolution or Litigation: Where agreement cannot be reached, formal proceedings such as mediation, arbitration, or court action may be necessary.
5. Application for a Determined Boundary: This formal application to the Land Registry fixes a legally binding boundary line but requires supporting evidence and agreement from the neighbouring owner or a tribunal decision.

Why clarity matters

Because most boundaries are general in nature, minor discrepancies on the Land Registry plan do not necessarily mean there has been an encroachment or loss of land. The courts often consider context, historical usage, and physical markers on the ground.

A notable case, Drake v Fipp (2011), involved a dispute over 4 to 5 metres of land. Due to the boundary’s length, the disagreement affected nearly 1.5 acres, highlighting how a small discrepancy can have a major impact.

Five things every homeowner should know

1. Title plans show general, not fixed, boundaries

Unless you’ve gone through a “determined boundary” application, your plan is a guide, not gospel.

2. Fences and walls are not always built on the legal boundary

Just because a structure exists doesn’t mean it marks the correct boundary.

3. Historic documents still matter

Old title deeds, photographs, and maintenance records can support your case.

4. Boundary disputes are expensive

The legal costs often outweigh the value of the land in question. Prevention is key.

5. You can legally fix your boundary

A formal “determined boundary” application with HM Land Registry is possible, but it requires solid evidence and may be disputed.

Resolving Boundary Disputes

Boundary disputes can become emotionally charged and financially draining, often outweighing the value of the land in question. At Ashtons Legal, we help clients avoid unnecessary litigation by exploring practical solutions, whether through agreement, expert advice, or alternative dispute resolution methods. If formal litigation becomes necessary, then we will support and guide you through that process from start to finish.

When should you seek legal advice?

You should consider speaking to a solicitor if:

• You’re buying or selling a property with unclear boundaries
• You plan to move or build near a boundary
• A dispute arises with a neighbour
• You want to apply for a determined boundary.

Need help with a Boundary or Property Dispute?

If you’re facing a boundary issue, considering an application for a determined boundary, or are involved in a dispute with a neighbour, our team can help you understand your rights and the best way forward. Please get in touch with our specialist Property Litigation team by using our online enquiry form or calling 0330 404 0738.