Mapping, Measurements & Boundary Disputes

Chartered Land Surveyors can help with:

• Locating boundaries on the ground
• Interpreting
  • Conveyance plans and deeds
  • Land Registry plans
  • Definitive Maps (public rights of way)
  • Conclusive Maps (the “right to roam”)
  • Historic maps
• Measurement of boundaries on the ground and from the mapping
• Mapping of existing features
• Calculation of
  • dimensions
  • volumes for landfill litigation
• Expert Witness reports for trial

Boundaries are defined by a “parcels clause” in the conveyance (the legal documents transferring ownership to the present owner, sometimes known as the Deeds to the house). This may give a definitive description of the property, or refer to the attached plan showing the boundaries. The words “for the purposes of identification only” mean that the text of the parcels clause is more important than the plan; “more particularly delineated” means that the plan is definitive rather than the words. Because of vagueness in the wording, or the scale or drafting of the plan, the boundaries may be difficult to identify precisely on the ground. This isn’t helped by the fact that the property has to be registered with the Land Registry (HMLR), and HMLR has a General Boundaries Rule which states that only the general location of the boundary is shown on the Filed Plan. The precise position is left undecided.

Consequently boundary disputes arise when neighbours cannot agree the precise position between their properties. Lawyers may be needed if the legal issues are unclear, but often the problem is essentially one of position i.e. “where is the boundary?” In this case using an expert Chartered Land Surveyor can avoid the expense of a lawyer (typically surveyors charge around half the hourly rate of a solicitor). Since he (or she) is legally obliged to be impartial and to look at all the evidence in an unbiased way, it is often possible to broker an agreement between the two parties and so resolve the problem without going to law. There are many factors which affect the boundary, and so it is important to use a Chartered Land Surveyor specialising in boundary problems.

Details of accredited surveyors with boundary experience are available on the Royal Institution of Chartered Surveyors website.