Land Registry Boundaries - Moving the Goalposts

16-Jan-2012

It may surprise some, even those within the property business, that the boundaries shown on Land Registry title plans cannot be relied upon as being definitive. Each plan is marked with a clearly-worded caveat: “This title plan shows the general position, not the exact line, of the boundaries”.

 

Furthermore, where the Land Registry unilaterally alters the general position to attempt to correctly indicate the true legal boundary, a landowner is unlikely to succeed in claiming compensation or “rectification” for any land which he perceives he has “lost”. This was recently confirmed in the case of Drake and another v Fripp [2011] EWCA Civ 1279 where it was held that the Land Registry’s actions did not prejudice the registered proprietor.

 

Parties should always bear in mind the statutory position before embarking upon boundary dispute litigation which is inevitably costly and time-consuming. A claim which runs counter to Land Registry practice is likely to be doomed from the outset. The key, as ever, is early, practical and robust legal advice.

 

For more information about Land Registry title plans contact Adam Hymes

---