Property boundaries

TEENYTOT21

good evening,

I am just wondering if anyone knows what sets the boundaries to the property? 

Is it the original conveyance deed,  or where original fences may have been placed?

as a backstory, a boundary survey has been done (not by us) on the boundary, it advises where the intended boundary as per the conveyance should have been and where potentially an old fence was (this is quite offset and goes off at an angle) 

no one can say who put that fence in and why and the properties were both leasehold until very recently. 

I’m just wondering what holds more weight the original conveyance, which appears from the report completed quite comprehensive or the erroneous fence posts. 

Ectophile

Ultimately, the Land Registry says who owns what bits of land (if they have been bought and sold since the registry was created).

But the plan on the deeds is always going to be a bit approximate.  Somebody will have taken a copy of the original site plans, then drawn on it with a big red pen.  It's not a scale plan any more.

Land_Registry

TEENYTOT21 said:

good evening,

I am just wondering if anyone knows what sets the boundaries to the property? 

Is it the original conveyance deed,  or where original fences may have been placed?

as a backstory, a boundary survey has been done (not by us) on the boundary, it advises where the intended boundary as per the conveyance should have been and where potentially an old fence was (this is quite offset and goes off at an angle) 

no one can say who put that fence in and why and the properties were both leasehold until very recently. 

I’m just wondering what holds more weight the original conveyance, which appears from the report completed quite comprehensive or the erroneous fence posts. 

Both can and do impact but as a general rule a first registration is based on the submitted deeds. We then use the Ordnance Survey map as a base/starting point. 

What holds more weight in your scenario all depends on what you are trying to achieve. What was ‘intended’ and what actually happened both play a part but so do what was registered and what’s happened since. 

A boundary survey is a professional’s view and they would report as such. Very useful but what’s happened over time and what each landowner has done with the land will also play apart. And of course parties may not agree with the survey report. 

As such the best people to solve such matters are the actual neighbouring landowners. 

Our Practice Guides 40 supplements 3-5 inc will help and if a claim of ownership is needed then PGs 4 and 5 are also available 
Legal advice is always recommended if there’s a dispute 
https://www.gov.uk/topic/land-registration/practice-guides

TEENYTOT21

Thank you both very much.