Boundary dispute

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jjland678 | 13:01 Wed 21st Mar 2012 | Civil
4 Answers
I bought a grass field 3 years ago, is 4 acres, i bought it from a person who didnt disclose boundary problems in the past, the next door farmer disputing where i am putting up new fence, 2 of the boundarys have never changed. but the 2 disputed boundarys have, both next door fields have grown bigger over the years .according to the os maps, in 1973 my field was 4 acres, but in the 50's and earlyer the field was 4.059 about 230 square metres bigger, rough guess, even my deads which date back from the 30's say 4.059 acres, the neighbours has put in writing that they have put the boundary back to the 1906 os map, the os map 1906 says my land was 4.059 like my deads, i want to remeasure my land and fence off 4.059 acres, but i know soon as do this the farmer off to say that the fence has moved, where do i legally stand , with the neighbour putting in writing they put the boundary back to a time when my field was a bit biggerie 4059 acres, any help be welcome


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Opinion only I'm afraid. I think this is the sort of thing you should consider putting into the hands of the lawyers. The registry is useless when it comes to defining borders so it becomes a dispute between the two of you: and my guess, and I stress guess, is all you can do is gather what supporting evidence you can, and let the courts make a decision. (I find it difficult to believe there isn't a decent system that defines all this in this country.)
You grass will be registered at the Land Registry - it has to be because of recent rules forcing land to be registered on first transfer. But can you confirm that the farmer's land on the other side of the boundary is registered or not - this could end up being important. Post back if you don't know how to find this out for a few £s at LR and we will tell you.
Secondly, have you got a copy of your title plan - this is the plan that LR uses to register the extend of your land - it is fringed in red. Get it from the LR if you don't have it yet.
Thirdly, you need to know that LR treat their marked boundaries in red as 'General Boundaries'. This means they are not definitive, but an approximate position. These days LR maps from the air against the OS maps and the boundaries are marked accurately to within about 0.5m - though LR will never admit their accuracy. It is possible to go through a process called 'Determining the boundary' using the LR. It costs, but it may be a solution for you.
Alternatively you may have to engage a solicitor - if you are not comfortable with finding out the things that I have suggested doing with the LR.
Your landholding at 4 acres is about 16000 square metres, so we are talking about 1.5% shrinkage - you need to think whether it is worth investing a solicitor's time in fighting this - unless you are comfortably pursuing it yourself.
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Thank you to both of people who answered my question, LR are uselesss i agree, buildermate how do i find out if the farmers field next door is registered?
LR were never established whose primary objective was to be the arbiter of exactly where a land boundary lies. The boundaries they show in red on their title plans are called 'General Boundaries' and they indicate the approximate position but the natural or constructed features on the ground and previous correspondence is used to determine the true position, if that is required, by either the Lands Adjudicator or a court judge.

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