The primary focus in a boundary dispute is establishing where the legal boundary actually lies. This is more complex than many people think, and a property's title deeds are rarely clear.
For example, Land Registry plans show a red line outline for indication purposes only, so other methods must be used to establish the legal boundary.
One helpful tool is to look at historical land and conveyancing records.
These historical records often shed light on the description used to identify the land parcel when it was first created, whether the transfers included any dimensions for the plot, any agreed changes over time and the intentions of previous owners.
What is a land parcel?
A land parcel or parcel of land is an area of land with a clearly defined outline boundary, usually edged in red on land registry title plans.
How do you establish the original boundary?
Historical property records can provide an insight into the original property boundaries when they were granted or divided. These documents can include:
- Sales particulars
- Planning permissions
- Surveys and maps from when the land was first parcelled up
- Historical transfers
- Old photographs
- Aerial maps
Changes over time
- Subsequent deeds and transfers can show if boundaries were officially altered.
- Historical surveys may reveal gradual changes in fence lines or other markers.
- Old photographs or maps can provide visual evidence of historic boundary marker positions.
Do historical property records show legal decisions?
In some cases, historical records may show legal decisions or agreements regarding boundaries, including:
- Court rulings on boundary disputes for the properties in question
- Recorded boundary agreements between previous owners
- Historical easements or rights of way.
Keeping a copy of any historical records relating to your property is helpful, as they can be useful if you ever find yourself involved in a land or property dispute. It used to be the case that a mortgage lender or bank would store your original deeds, but this practice is no longer common. HM Land Registry also only has a digital record of documents, and they no longer keep paper records.
Why are historical property records useful?
When current property documents are unclear, historical records can help fill in the gaps:
- Older, more detailed property descriptions may clarify vague language in newer deeds.
- Historical context can explain oddly shaped boundaries or seemingly arbitrary lines.
- Old documents can show the previous owner's or the property developer's intentions regarding where the boundaries should have been placed.
- Records of past land use can shed light on the intended purpose and extent of properties.
What evidence do you need in a boundary dispute?
When a boundary dispute occurs, a lot of evidence can be needed, including boundary reports, title deeds, property plans, photographs, recorded agreements, or restrictions. Up-to-date surveys are also vital tools, but historical records can help with context.
Historical records are valuable evidence because they can show old markers or monuments. They can be compared to current surveys to reveal discrepancies or confirm consistencies. Historical surveying methods can also help interpret older property descriptions.
Are historical records used in adverse possession claims?
Yes, historical records can be key evidence in cases of adverse possession. This includes:
- Tax records, utility bills, and other documents that can show long-term use of disputed land.
- Old photographs or witness accounts may provide evidence of historical property use.
- Records of improvements or maintenance and invoices showing payments for works can support claims of long-term possession.
Gathering, analysing, and interpreting historical land records often requires expertise, as the documentation often uses outdated terminology or references no longer existing landmarks. Therefore, it is usually necessary to seek professional legal and surveying advice.
