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What documents will
I receive when applying for this search? |
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You will receive: |
| The Title Register for each adjoining
property |
| The Title Plan for each adjoining property |
| Registered Old Deeds (subject to a maximum
of 6 in total (or 9 if there are 3 adjoining properties))
|
A list of the standard
legal presumptions relating to property boundaries,
which apply in the absence of contrary agreement
(usually evidenced in writing in the aforesaid
documents) |
| A Common Land search, if you have selected
the option to include this. |
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Will these documents
be of any real benefit in resolving my dispute? |
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Obtaining these
documents is the most economic way of resolving
your dispute. The information contained within
them will usually be sufficient to establish
who owns what and who is responsible for what.
Sometimes this is not sufficient,
and it may be necessary to take the
matter further. Even if these documents do not
resolve your dispute you will still need to obtain
them because if you instruct a solicitor or surveyor
he will require them before he can proceed.
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What other steps
are available to resolve a boundary dispute if these
documents are not sufficient? |
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The
next step would be to determine whether there
are any legal presumptions to assist you. The
law presumes, in the absence of contrary agreement
(which would normally be evidenced in writing
and contained within the documents we provide
for you) certain presumptions, e.g. where a
boundary contains a ditch and hedge, the law
presumes that the boundary is on the far side
of the ditch from the hedge. You will be supplied
with a list of these legal presumptions with
your search documents. |
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If this
does not resolve the dispute you should consider
reaching an amicable solution with your neighbour
by attempting to agree what you think the boundaries
are, one party paying compensation to the other
if necessary, supporting it with a formal written
agreement and annexing to it a survey report
detailing the agreed boundaries. This should
then be registered with HM Land Registry. |
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If all
else fails you could then apply to the Land Registry
for a Boundary Line Determination. This application
will also involve surveyors by each party. Where
possible you and your neighbour should agree to
use the same surveyor and to share the cost thereof. |
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Do any of these documents
contain measurements and scaled plans? |
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| The Title Plan is to be regarded
as a general guide as to boundary positions. It
is based on the ordnance survey and is not to scale.
Registered Documents often contain detailed maps
and plans although they may not be to scale. |
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What do the documents you provide tell me? |
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Title Register
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The
Title Register contains details (amongst other
things) of covenants, easements and rights of
way affecting the property. You will receive
a Title Register for each of the properties
and should look at them both, as their detail is
likely to differ. It also includes a physical
description of the property, which may include
detail relating to boundaries and will also refer
to the Title Plan and describe any markings or
colouring that it contains. There may be reference
to one or more documents such as transfers, agreements,
boundary structure notices, conveyances, etc.
Where any such are accompanied by wording such
as "copied into the certificate" or "copy
filed"
then they are available to purchase as Registered
Documents, and will be included with the documents
sent to you. |
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| Title Plan |
The
Title Plan contains an outline of the property
showing its location in relation to the surrounding
properties. It is based on the Ordnance Survey
and is usually at a scale of 1:1250 (this may
be 2:500 in rural areas). The Title Plan is meant
as a rough guide only as to boundary positions
but may be helpful because it often contains
coloured areas and markings which may denote
rights of way, sold off areas, easements, parts
of the property affected by covenants, or boundary
ownership. T marks and H marks along a boundary
show ownership or maintenance responsibility.
The land containing the bar of the T is the land
having ownership or responsibility. H marks represent
joint ownership or responsibility. Again, a copy
of the Title Plan for each property is provided. |
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| Registered Old Deeds |
Registered
Old Deeds are documents such as Conveyances and
Transfers that contain considerable amounts of
information relating to covenants, easements,
rights of way and boundaries. Only those documents
which the Land Registry consider necessary to
provide a more detailed description of the property
and the rights and burdens associated with it
are available for purchase; documents which do
not contribute to this are not retained by the
Land Registry and are therefore not available.
The availability of such documents is denoted
on the Register with words such as "copied
into the certificate" or "copy filed".
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Registered
Old Deeds often contain very useful information
for helping to resolve boundary disputes, including
boundary structure notices, party wall agreements,
and many have annexed to them detailed plans and
maps. We supply up to 6 (or 9 where there are
3 adjoining properties) depending on how many
there are. |
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| List of Legal Presumptions |
This is a list of the common
law presumptions affecting boundaries that apply
in the absence of contrary agreement. Any such
contrary agreement is likely to be contained in
the documents supplied. Legal Presumptions would
only be relied upon as a last resource. |
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| Common Land Search |
If you suspect that one of
the adjoining properties is common land, e.g. because
it is a grass verge, village green, or unattended
land, you should select the option to include this
search. It provides details of the owner, the persons
(commoners) entitled to use the land, their rights
and the boundaries of the property. |
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