Many property owners assume that registering a determined boundary with the Land Registry is the best way to settle a boundary dispute. However, this process is often costly, time-consuming, and legally complex. A boundary agreement offers a far simpler and more effective solution in most cases.
What is a Determined Boundary?
A determined boundary is a legally registered boundary that aims to show the **precise boundary line**, often requiring professional surveying. However, the process is rarely used—only around 1,900 determined boundaries existed in England and Wales as of 2016.
The process of obtaining a determined boundary requires:
- A formal application to HM Land Registry.
- A highly detailed, scaled plan from a professional surveyor.
- Supporting evidence proving the boundary’s exact location.
- Potential legal fees, particularly if contested.
If the application is disputed by a neighbor, the process can escalate into a legal battle, making it expensive and difficult to resolve.
Why a Boundary Agreement is a Better Alternative
A boundary agreement is a mutual understanding between neighboring property owners about the position of a boundary. Unlike a determined boundary, it does not require Land Registry approval (although it can be legally recorded through a Deed of Agreement).
1. Faster and Easier Process
Registering a determined boundary is a lengthy legal process that can take months or even years. A boundary agreement, however, can be drafted and signed in a matter of days, saving you significant time and stress.
2. Lower Costs and No Legal Battles
Hiring surveyors, lawyers, and filing applications with the Land Registry can be expensive. If a neighbor objects to a determined boundary, legal costs can spiral. A boundary agreement avoids these expenses by providing a straightforward, low-cost solution.
3. Reduces Conflict with Neighbors
Boundary disputes can damage relationships between neighbors. A determined boundary application may be seen as an aggressive move, whereas a boundary agreement encourages cooperation and mutual resolution.
4. Can Be Recorded with HM Land Registry
While a boundary agreement is not the same as a determined boundary, it can still be **formally recorded** through a **Deed of Agreement**, ensuring future buyers are aware of the agreed boundary position.
Final Thoughts
If you're involved in a boundary dispute, consider a boundary agreement before pursuing a determined boundary. It’s **quicker, cheaper, legally valid, and preserves good neighborly relations**.
However, if a dispute **has already escalated**, mediation or legal intervention may be required before an agreement can be reached.