Boundary Disputes: Why the Red Line on Your Title Plan May Not Be Enough

The red line on a Land Registry title plan is usually a starting point, not proof of the exact legal boundary. In most registered titles, it shows the general boundary only. The exact boundary may depend on the register, old deeds, physical features, photographs, historic documents and in some cases, expert evidence.

Boundary disputes often begin with something that seems small.

A fence is moved. A hedge is cut back. A neighbour builds close to the edge of their land. A gate, wall, driveway or strip of garden suddenly becomes the subject of disagreement.

For homeowners, landlords, developers and property owners, the first instinct is often to look at the Land Registry title plan and assume that the red line gives the answer. Sometimes it helps. But it does not always settle the issue.

Does the red line on a title plan show the exact boundary?

Usually, no. 

A Land Registry title plan is an important document, but it is often misunderstood. Under section 60 of the Land Registration Act 2002, the boundary of a registered estate is a general boundary unless it has been shown as determined, and a general boundary does not determine the exact line of the boundary.

HM Land Registry guidance also explains that the great majority of registered titles show general boundaries, rather than the precise legal boundary on the ground.

This means the red edging on the title plan does not usually identify the precise legal boundary between two properties.

That can come as a surprise when a dispute arises. A property owner may believe the plan proves the exact position of a fence, wall or hedge, only to find that the legal position is more complicated.

Why boundary disputes can become difficult

Boundary disputes can become expensive, stressful and personal very quickly.

A disagreement over a narrow strip of land can affect:

• whether a property can be sold smoothly;
• whether building works can proceed;
• access to a driveway, path or shared area;
• relations with neighbours;
• the value or marketability of a property;
• future plans for development or extension.

The difficulty is that boundary disputes are rarely just about lines on a plan. They often involve old conveyances, historic deeds, previous owners, physical features on the ground, photographs, planning documents, witness evidence and sometimes expert surveying evidence.

In practical terms, a boundary dispute is unlikely to be resolved by pointing to the red line alone.

What should you check in a boundary dispute?

1. Check the register and title plan together

The title plan should not be considered in isolation. The register may refer to rights of way, covenants, transfers, filed deeds or other documents that affect the position.

Sometimes the key evidence is not the modern title plan but an older transfer, conveyance or deed plan.

2. Look for the document that created the boundary

The best evidence may be the document that originally divided the land. This could be a transfer of part, conveyance, lease or estate layout plan.

Those documents may include measurements, coloured markings, wording about fences or rights of way, or references to physical features that existed at the time.

3. Do not assume fence posts prove ownership

There is a common belief that the position of fence posts or rails shows who owns or maintains the boundary. HM Land Registry guidance makes clear that information about ownership or maintenance of boundary features will only appear in the register where it is specifically referred to in the deeds lodged for registration.

Physical features may still be relevant evidence. But they are not always conclusive.

4. Gather evidence before positions become entrenched

Useful evidence may include:

• title documents and old deeds;
• historic photographs;
• estate agent particulars;
• planning drawings;
• previous correspondence;
• contractor invoices;
• survey reports;
• statements from previous owners or long-standing neighbours;
• photographs showing the position of fences, hedges or walls over time.

The earlier this evidence is gathered, the better. Physical features can change, memories fade and documents can become harder to locate.

5. Consider whether a boundary surveyor is needed

In some cases, a specialist boundary surveyor may assist by analysing the deeds, plans and physical features on the ground.

However, expert evidence should be approached carefully. CPR Part 35 states that expert evidence should be restricted to what is reasonably required to resolve the proceedings, and Practice Direction 35 sets out factors the court may consider when deciding whether a single joint expert is appropriate.

A survey can be useful, but it should be proportionate to what is at stake.

6. Think carefully before moving anything

Moving a fence, removing a hedge, blocking access or starting building works before the position is clear can make the dispute worse.

It may also make it harder to resolve matters commercially. In some situations, urgent legal advice may be needed before any step is taken that could permanently alter the position on the ground.

7. Explore agreement where possible

Where greater certainty is needed, HM Land Registry guidance refers to boundary agreements and determined boundary applications. The guidance explains that a title boundary is treated as a general boundary unless shown as determined under section 60 of the Land Registration Act 2002.

Early discussion, supported by proper evidence, can sometimes achieve a better result than an immediate dispute.

Common mistakes in boundary disputes

Common mistakes include:

• assuming the red line on the title plan proves the exact legal boundary;
• relying only on what a previous owner said;
• removing or moving boundary features too quickly;
• ignoring old deeds and transfer plans;
• overlooking rights of way or covenants;
• instructing an expert before identifying the real issue;
• allowing correspondence to become emotional or accusatory;
• spending more on the dispute than the land is worth.

Boundary disputes can become personal, but the best approach is usually evidence-led and proportionate.

The Civil Procedure Rules require the court to deal with cases justly and at proportionate cost. This includes saving expense, considering proportionality and promoting or using alternative dispute resolution where appropriate.

Should you go to court over a boundary dispute?

Court proceedings should not normally be the first step.

The Practice Direction on Pre-Action Conduct and Protocols says parties should take reasonable and proportionate steps to identify, narrow and resolve legal, factual or expert issues before proceedings are started.

Where there is no specific pre-action protocol, parties should still exchange correspondence and key documents in a proportionate way. If a party fails to comply with the expected pre-action approach, the court may take that into account later, including when dealing with costs.

When should you seek legal advice?

It is sensible to seek advice early if:

• a neighbour has moved or removed a boundary feature;
• building works are planned close to the boundary;
• access to land, parking or a driveway is being blocked;
• you are selling or buying and a boundary issue has been raised;
• the Land Registry plan does not match what is on the ground;
• the dispute is escalating and correspondence is becoming difficult;
• you are considering court proceedings or have received a solicitor’s letter.

Early advice can help identify the evidence, narrow the issues and decide whether the dispute is worth pursuing. In some cases, the best outcome may be a practical agreement. In others, formal action may be needed.

Need help with a boundary dispute?

A Land Registry title plan is a useful starting point, but it is not always the final answer.

Boundary disputes need careful handling. The key is to understand the documents, preserve the evidence, avoid unnecessary escalation and take a proportionate approach before costs and neighbour relations deteriorate.

If you are involved in a boundary dispute, Martin Tolhurst Solicitors can help you understand your position, consider your options and decide the most practical way forward.

Contact us today for advice on a property boundary dispute.

Does the red line on a Land Registry title plan prove the exact boundary?
No. In most cases, the red line shows the general extent of the registered property, not the precise legal boundary. The exact boundary may depend on older deeds, plans, physical features and other evidence.

What is a general boundary?
A general boundary identifies the general extent of a registered property. It does not determine the exact legal boundary on the ground.

What evidence is useful in a boundary dispute?
Useful evidence may include title documents, old deeds, transfer plans, historic photographs, planning drawings, survey reports, previous correspondence and statements from previous owners or neighbours.

Should I move a fence if I think it is in the wrong place?
You should take advice before moving a fence, hedge, wall or other boundary feature. Moving something before the legal position is clear can escalate the dispute and may make it harder to resolve.

Can a boundary dispute be settled without going to court?
Yes. Many boundary disputes can be resolved through evidence-led correspondence, negotiation, mediation, a boundary agreement or other forms of alternative dispute resolution. The court should not usually be the first step.