We applied after numerous attempts to resolve this boundary dispute via our Solicitor, for a Determined Boundary, form DB, which applies for your boundary line to be registered with the Land Registry as the exact precise and legal boundary line.
This Determined Boundary Line removes all doubt and disputes for the owners of both properties.
The boundary of a registered estate as shown for the purposes of the register is a general boundary, unless shown as determined under section 60 of the Land Registration Act 2002. Unlike a general boundary, a determined boundary shows “the exact line of the boundary of a registered estate”. The Act does not define “exact”.
Land Registry does not determine a boundary in the sense of resolving a disagreement as to where the exact line of the boundary is located. Instead, with the exact line having been identified by the registered proprietor and (ideally) their neighbour, Land Registry will then make it apparent from the register that the boundary has been determined. Reference to the boundary concerned being a determined boundary is made in the property register of each affected title. The general position of the boundary will be marked on the title plan of each affected registered title, often with lettered points showing the extent of the boundary which is determined. A filed copy of the determined boundary plan (see below) is retained and can be referred to in order to identify the exact line.
It is not always possible for the owner to apply for a boundary to be shown in the register as determined. In particular, the applicant may be unable to produce the necessary evidence to establish the exact line of the boundary.
This post is one of thirteen posts that are listed in a menu on my Home Page to cover all the required actions and documents that are required to resolve Boundary Disputes.