Boundary Agreements and Boundary Line Determinations
Where the available documents and/or extrinsic evidence are such that no definite conclusion can be made as to the exact position of the boundaries between one or more properties a sensible way of dealing with it is for the parties to agree between themselves the boundary positions. Where this results in one of the parties losing a piece of land he thought he owned the other party may agree to compensate him.
A surveyor can be instructed to draw a detailed plan of the agreed boundaries, and this can be included in a formal boundary agreement to be drawn by one of the parties. The agreement (and the Plan) should be executed by each adjoining land owner, and, if appropriate, any mortgagee having an interest in the property. The agreement can then be registered with HM Land Registry and will thereafter be conclusive evidence of the boundary positions. This exercise would be far less expensive that bringing the matter before the court, the main expense being a survey report. A surveyor could be instructed to act jointly between the parties (there would be no conflict of interest because the boundary positions are agreed) and it would be usual for each party to each pay one-half of his fees.
Boundary Line Determinations
An application is made on Form DB and a fee paid to the Land Registry, who will then appoint one of their surveyors to attend the properties and make a determination as to where the boundaries lie. They will use the title deeds and any other written evidence as a guide and will also look at the physical features on the ground, copies of current and, if appropriate, old Ordnance Survey maps and may interview witnesses. Again, a detailed plan will be drawn and this will be registered at HM Land Registry as part of the title.