Why Do Boundary Disputes Happen?
According to Lord Justice Carnwath in Ali v Lane [2006], boundary disputes are often fought with a passion "out of all proportion to the importance of what is involved." Judges frequently express surprise that cases reach court at all— such as in Childs v Vernon [2007], where the dispute was over an encroachment of just 4mm.
Why Are Boundaries Unclear?
Many boundary disputes arise because property documents rely on Ordnance Survey (OS) maps and Land Registry title plans, which do not define exact legal boundaries.
Ordnance Survey (OS) Maps Are Not Legally Binding
- OS maps mark physical features (such as fences and hedges), not legal boundaries.
- The standard 1:2500 scale may have minor inaccuracies (up to 1m in placement).
- Lord Justice Cumming-Bruce in Scarfe v Adams [1981] stated that OS maps can be "worse than useless" for defining legal boundaries.
Land Registry Plans Follow the 'General Boundaries Rule'
- Land Registry title plans are not legally definitive; they only show general boundaries as per the General Boundaries Rule (Land Registration Act 2002, Section 60).
- Old conveyance plans are often used as guidance but may have been interpreted differently when first registered with the Land Registry.
What Evidence Helps Win a Boundary Dispute?
Since OS maps and Land Registry plans are not legally precise, courts rely on other evidence when resolving disputes.
1. Historical Conveyances & Title Deeds
Courts prefer original conveyances that include measurements or detailed descriptions of the land.
2. Boundary Agreements Between Owners
If previous owners agreed on the boundary—whether written or verbal—this agreement is binding. In Haycocks v Neville [2007], a boundary plan created by past owners was upheld over the original conveyance plan.
3. Extrinsic Evidence (Structures & Conduct)
In Ali v Lane [2006], the court considered extrinsic evidence, such as long-standing physical structures, but ruled that it must reflect both parties' intentions.
4. Leaseholder Agreements Are Not Binding on Freeholders
In Vernon v Butcher [2007], a tenant claimed he had an agreement with a previous owner about a boundary shift. The court ruled that a tenant cannot legally change a property's boundary without the freeholder’s consent.
How to Avoid Boundary Disputes
- Ensure property descriptions are precise in conveyances.
- Use accurate, to-scale plans with measurements.
- Get written boundary agreements with neighbors to avoid future disputes.
Final Thoughts
Many boundary disputes arise due to vague property plans, unreliable OS maps, or misinterpretation of Land Registry records. Courts prioritize historical evidence, clear conveyances, and past agreements over title plans alone. If you're facing a boundary dispute, gathering strong evidence early can save time, money, and stress.