It is quite normal for boundary definitions set out in the conveyance or transfer deed for your property to be inaccurate, particularly in older properties. The Property Misdescriptions Act 1991 rectified this to a certain extent although dimensions found on conveyance plans cannot be legally binding.
Michelle Petersen, Conveyancing Partner says, “The Land Registry does not define property boundaries. This is worth bearing in mind – the Land Registry maintains a register of titles to land and has traditionally exercised little control over the accuracy of the information affecting boundaries.” Your title plans will only show the general position of boundaries, and using scaling from Ordnance Survey maps will not tell you the position of your boundary either.
In November last year the case of Lanfear v Chandler brought the question of ‘T’ marks on plans to the fore. It is normal practice to suppose that the ‘T’ mark on a plan denotes whose boundary it is to maintain. This case set out to resolve disparities between documentation and the position on the ground in relation to ownership of a boundary. The case went to the Court of Appeal and the ruling made there was that ” ‘T’ marks on a plan is a factor to be taken into account when deciphering whose ownership of the boundary it is, and where a plan was inaccurate the physical condition of the land was more important.”
We have offices in the Christchurch, New Milton and the New Forest. Our Conveyancing team also cover Bournemouth and Poole. For a free initial chat, please call 01202 499255 and Michelle or a member of the team will be happy to discuss any questions that you may have.
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