The most obvious way to have a limit determined is to ask for a certain limit. If the neighbours agree on the position of the legal border, there is no particular reason to doubt that this was the position of the legal border and they are trying to put an end to any withdrawal from the agreement, especially if one of the real estate is sold, it might be appropriate to write it down and put it in the various registers. Lawyers are often consulted by people who are very angry about being involved in the dispute with their neighbour. Some lawyers do not like to act in border disputes and give them a large berth, while other lawyers enjoy searching the parties of a dispute, analyzing plans and trying to solve a normally complex conundrum. I am pleased to confirm that I have been part of the latter group and have dealt with many border disputes in my career. What will happen to your application once it has been submitted? The first measure of the land registry is to verify the description of the limit that has been submitted to them against all copies of title deeds they possess and against the supporting documents provided by your application. They do so to verify that the plan meets their strict requirements and to verify that the described limit corresponds to the title titles. If your app passes these tests, you have a practical application. However, viability does not guarantee that the land registry will necessarily accept your application.
There is a rebuttable presumption that a border agreement does not involve the transfer of land and that the agreed position corresponds to the actual position of the legal limit. The presumption is not rebutted solely because of “doubts or uncertainties” as to whether or not it is a transfer of land. See Neilson v Poole (1969) 20 P-CR 909 at 918 and 919. However, if the agreed position differs from that presented in a title plan, the agreement can only have identified the current position of the legal limit if the agreed position is within the scope of the general rule of limits: see practical guide 77: changing the register by removing the land from a title plan. Ideally, the land registry would like all applications to define the exact line of a boundary to be made jointly by adjacent landowners. So if you perceive a need to know exactly (or within 10 mm, as practice guide 40 indicates) where your limit is, then it makes sense: – talk to your neighbor and consider the need for such precision; – agree with your neighbour that the objective is not to redefine or move the border itself, but to refine the accuracy with which your common border is described (although it may be necessary to move later all the physical characteristics that appear to mark the border, but which are considered to be far from the position); – agree with your neighbour to jointly assign a surveyor who specializes in delimiting borders to advise and to develop the required plan in accordance with the specifications of practical guide 40; – Apply together to the land registry company. There are two types of border agreements, that is, a formal border agreement established in a professional manner, executed by the parties as an act and containing an attached plan drawn up by an expert in accordance with the requirements of the land registry plan. The other is an informal border agreement, which has less stringent requirements.
Both are described below. A change in the legitimate ownership of the land cannot be registered without transfer. If an informal agreement is reached between neighbours with respect to a strip of land to secure the legal title, it should be registered with the HMLR in order to engage it in the property of the rights holders. Now we know what a defined limit is! A specified limit can be defined as: Evidence provided to the Registrar that the exact line of the border is in the indicated position may include plans or provisions in pre-notification documents, legal statements, statements of truth or other signed statements.