Boundary disputes are often stressful, time-consuming, and costly. Many homeowners enter disputes with incorrect assumptions, which can weaken their case. Here are the five most common misconceptions and the legal reality behind them.
1. "The Land Registry Title Plan Shows the Exact Boundary"
One of the most widespread misunderstandings is that the Land Registry title plan defines the precise boundary. In reality, title plans are only a general guide and are subject to the General Boundaries Rule. Unless a boundary has been formally determined, the exact position is not legally fixed.
Legal Reality: Courts rely more on historical deeds, physical boundary features, and past agreements rather than Land Registry title plans alone.
2. "If I Maintain the Land, It’s Automatically Mine"
Many assume that simply mowing a strip of land or maintaining it over time automatically grants ownership. While adverse possession (or "squatters' rights") can apply in some cases, it requires exclusive, continuous use without permission for at least 10-12 years.
Legal Reality: Maintenance alone does not prove ownership. To claim adverse possession, you must show intent to possess and, for registered land, notify the legal owner, who has the right to object.
3. "The Fence Has Always Been There, So That’s the Boundary"
While fences, walls, and hedges often mark boundaries, they do not legally define them. A fence could have been misplaced, moved, or installed for convenience rather than accuracy.
Legal Reality: Courts consider a combination of evidence, including property deeds, historical photos, expert surveys, and past agreements, rather than just fence placement.
4. "My Deeds Are Clear, So the Dispute Is Simple"
Property deeds can provide valuable evidence, but they are often vague, outdated, or conflicting. Older measurements may be inaccurate, and newer title plans may not precisely match historic records.
Legal Reality: A surveyor may need to interpret the deeds alongside physical evidence, past surveys, and legal precedents.
5. "If My Neighbor Built on My Land, I Can Force Them to Remove It"
Encroachment (where a structure extends onto your land) is a common issue, but forcing a neighbor to remove a building or fence is not always straightforward. Courts consider factors like the extent of the encroachment, how long it has existed, and the rights of both parties.
Legal Reality: If an encroachment has existed for a long period without objection, the court may grant compensation instead of removal. In some cases, adverse possession rules may apply.
Final Thoughts
Understanding these common misconceptions can help you approach a boundary dispute with realistic expectations. The best way to strengthen your claim is through historical evidence, professional surveys, and legal advice.