The saying goes that your home is your castle, something to be proud of and something to protect. So it is hardly surprising that disputes about land and boundaries can be very personal. What may begin as a disagreement about a fence, a parking space or even an overhanging tree can quite quickly become a costly dispute that damages neighbourly relations long after the legal issue itself has been decided.
Boundary disputes in particular hold a degree of notoriety for being bitterly fought with any gains often hardly won. They can arise for a variety of reasons, including:
- Unclear title documents;
- Misconstruction of true boundary features by proprietors;
- Removal of a boundary fence or feature without consent; or
- As a consequence of other claims such as ones for nuisance or adverse possession.
Evidence of the Boundary
So how will such a dispute be addressed? Many might assume that it is clear from title documents and deeds the full extent of ownership. Sometimes they will, of course, which makes them the correct and sensible place to start. Having said this, often such documents do not identify the precise boundary location. The uncertainty that this causes can make a swift and amicable resolution much harder to achieve.
It should be borne in mind that the default position in law is that HM Land Registry Title Plans do not show boundary locations definitively. They are “indicative” only. While they might be used as a guide, they should not be relied upon as proof of the precise line unless the boundary is expressed as having been determined. Most modern conveyances and transfers of land may adopt a similar approach and, for example, describe the land being sold or purchased as “marked for identification purposes only” on a plan. In other words, a conveyance of land is not guaranteed to provide a definitive answer either.
You will perhaps see from this that determining the exact location of a boundary can be complex. That does play a part in why such disputes are so bitterly fought. So how should the evidence be considered or, rather, how might a court consider it?
First, the general rule is that the intentions of parties to a contract (including a conveyancing contract) must be ascertained from the words they used. In other words, is the boundary line clear from the wording of the transfer document / deed? If it is, then generally speaking other, or “extrinsic” evidence is not permitted to be considered.
There is, however, an exception to this general rule. Where the wording of a deed is unclear, extrinsic evidence may be admitted to determine the boundary location. This may include:
- Historical Records and other title deeds;
- Old maps and records;
- The actual features on site – evidenced by photographs and maps where necessary; and, perhaps
- The parties’ conduct and use of the land in question.
Much of this evidence will need proper assessment by an appropriately qualified boundary surveyor.
Boundary Presumptions
Various legal presumptions have also evolved over time which might also assist when the position of a boundary is unclear from the title documents. These presumptions are useful tools in interpreting the available evidence. However, because they are only presumptions, they are not definitive and may be rebutted by evidence to the contrary. Many of them rely on the locations of features such as hedges, ditches and roads to inform boundary location.
Summary
Unfortunately, it is not always possible to identify exactly where the line has been drawn, and those cases of ambiguity are often the ones most at risk of litigation. A pragmatic and amicable conversation with a neighbour may resolve the issue, but that is not always possible. Where uncertainty remains, early specialist advice can help identify the evidence, narrow the issues, and avoid unnecessary escalation of things.