Description
Ian provides essential insights for residential conveyancers on the complexities of identifying legal boundaries, emphasising the limitations of title plans, the importance of accurate documentation, and the use of formal applications and mediation to resolve disputes effectively.
Key Points:
- Legal Boundaries vs. General Boundaries:
- Title plans (per Land Registration Act 2002, s.60) reflect general boundaries and are not legally definitive.
- Courts prioritise clarity, whether from plans, written descriptions, or historical features, and inconsistencies often arise from vague or outdated documentation.
- Resolving and Preventing Disputes:
- Tools like formal boundary agreements (non-binding on successors) and determined boundary applications (legally binding and map-based) help define boundaries.
- Adverse possession can be prevented by submitting a determined boundary application, and mediation is often recommended over litigation due to time and cost implications.
- Practical Surveying and Risk Management:
- Chartered surveyors must be carefully instructed; plans must meet Land Registry technical requirements.
- Ransom strips, highway boundary confusion, and title insurance are key considerations for protecting client interests.
- Ownership rights extend vertically (airspace and subsurface), but mines and minerals may belong to third parties, requiring checks in SIM searches and land charges registers.
Learning Objectives:
- Differentiate between legal and general boundaries and understand the limitations of relying solely on title plans in conveyancing.
- Apply formal mechanisms (like determined boundary applications and mediation) to resolve or prevent boundary disputes and adverse possession claims.
- Assess legal risks associated with airspace, subsurface rights, and ransom strips, and utilise title indemnity insurance or legal proceedings where appropriate.
