Do you know where your boundaries are for your
property in South Wales? And, do you know which boundaries you are responsible
for?

There are many myths surrounding boundaries and responsibilities,
so we’ve put together this short guide to help you understand where your
property boundary is – or if you don’t, knowing how to find it!

Is it important to know my boundaries?

Sometimes it’s easy to spot exactly where your
property boundary is. Chances are, there will be a fence or a hedge or some
other structure that helps define the boundary.

But that is not always the case. It might be that
the boundary is overgrown, or there is no definitive boundary to be seen. There
could even be not-so-neighbourly disputes that occur about trees planted on a
boundary for example, with one side saying the other has to sort things out and
the other side are in disagreement. That’s why it’s important to understand
boundaries! Not to mention the fact that it’s useful to know exactly what’s
yours!

Will the title deed of a property tell me about my
boundary?

Actually, while you would have thought so, it’s not
always the case – but it’s a good place to start.

If you look at the Government website, it’ll tell
you that to find out about boundaries, you need to look at the Land Registry
website and find the title plans. The Land Registry is where ownership of land
is registered, and the title plan outlines the land in question.

The website states: “Most title
plans don’t show exact boundaries”, however, this is not a huge
issue as the website goes on to state that “you usually don’t need to have
the exact boundaries recorded anywhere”.

So, I can make an agreement with a neighbour about
my boundaries?

Yes, you can make an agreement with a neighbour
which is handy because between you there can then be no dispute as to which bit
of land is yours and what you are responsible for.

You can do this informally, or you can apply to
have it officially registered. There is a process to go through and certain
details are required. It’s best to seek formal legal advice on matters like
this.

Is it right that the rule is that I’m responsible
for the left-hand side of a property boundary?

This is something many people believe to be true but it’s not! There is, in
fact, no legal basis to this. Some people, even solicitors, will say that a red
line on a title deed marks the boundaries, and therefore responsibilities, but
this is not always the case either.

As the Land Registry says, it’s just the general
boundary.

The red line will fall within the boundary, but in
the case of a dispute, it is the courts that will decide.

What if my boundary is obviously marked by a fence
and trees?

If you plant a hedge or a tree, what happens when
it grows so wide that the original boundary becomes obscured? You may have a
fence installed – but does it run along the boundary or is it just inside?

It’s fair to say that you should not assume
anything as boundaries can become blurred over time.

How can I find out where my boundary is for sure?

There is a document called a Title Plan. On that
plan, which goes right back to when the land was originally developed and sold,
there will be a boundary mark, and on it will be a shape like the capital
letter T.

Where the top of the T falls, it is the owner of that land that has a
particular responsibility. But, again, be careful. Just because you have
responsibility does not necessarily mean you have ownership!

Are boundaries really this confusing?

It’s clear that the rules on boundaries aren’t
always crystal clear. But, you will need the information when you are ready to
sell your property.

Your conveyancer will definitely want to know about
boundaries and responsibilities because the Land Registry will need to know who
owns what and where. And of course, you and your buyer will want to know for
sure too.

A conveyancer will likely ask if the boundaries are
your understanding. So, if you’re thinking about moving home, we suggest that
you gather all the paperwork regarding boundaries together in good time so that
it can be presented to the conveyancers. If there are any issues with land
ownership and boundary lines, they are the ones who will ask the questions and
raise enquiries.

While boundaries are not an issue for the majority
of home movers, they can become a legal minefield for others and it’s easy to
see why neighbourly disputes can occur.

If you have any questions, please do get in touch.
Moving You are your local property experts for the Bridgend area. Call us on
03334041188 or email info@moving-you.co.uk to see how we can help.