Bordering on the impossible

Do you know what you own?

Having a properly mapped and detailed title deed can save you from a world of pain, writes Will

Blair.

Rural properties will usually be registered with HM Land Registry in England and Wales and the original title deeds are usually stored in digital format, although in some cases the original paper title deeds may also be held by HM Land Registry.

Before any sale or purchase of property, it is important to examine the title deeds with great attention to ensure that they are correct.

This is particularly the case for rural properties, estates and for historical properties where the title may have changed hands multiple times over the years.

Boundary disputes can be a long and costly process that may also affect the value of your property or your neighbour’s property

Arguments can arise over the exact extent of a landholding, previous partial sales of a property (such as a cottage on an estate) if they were incorrectly registered at the time, access rights, public rights of way or other specific rights such as riparian fishing rights.

The law on boundary disputes is complex and involves evidence from various sources which the courts would usually consider in order to decide the case. These sources may include historical title deeds, any formal or informal agreements with neighbours regarding use of land, access rights or tenancies, witness testimonies and even old photographs. Not having a clear understanding of the boundaries of your property may cause significant delays to a sale, which could cause a major inconvenience if you are in a property chain or are seeking to free up cash for an alternative investment. Unfortunately we have seen buyers withdraw from a sale where there has been a lack of clarity about the ownership boundaries.

It is also important to address boundary disputes sooner rather than later because if your neighbour has had uninterrupted occupation of a property or land for at least 10 years they could have claim to adverse possession.

The law on adverse possession differs according to whether the land is registered or unregistered. The official figures suggest that around 15 per cent of all land in England and Wales is yet to be registered with the Land Registry.

Adverse possession, whether intentional or unintentional, of unregistered land is often heavily reliant on historical evidence such as witness statements, old photographs and historical maps. A good understanding of your property and its boundaries will aid succession planning, estate management or refinancing. Knowing exactly where the boundary of your property lies is also an advantage if you have had issues with fly tipping. Generally, from the moment that any rubbish is dumped, it becomes the responsibility of the landowner to remove. Fly tipping is generally reported to the council and it is always worth doing so as it may enable them to record a pattern if there are repeat offenders in the area. Holding a clearly marked and definitive title plan in this instance is very helpful, as arranging the removal of fly tipped waste can become costly and extremely frustrating, particularly if there is any doubt as to whose responsibility it is.

Another reason why landowners may benefit from clear title is for public liability. One example being that if a pedestrian injures themselves through falling in a pothole on a pathway, there is a potential claim against the landowner, and so being able to quickly and clearly either be absolved from blame, or to have the knowledge to prevent the accident through maintenance or management, saves considerable time and potential expense.

Finally, for rural property owners, ensure that a section 31 map and statement is lodged, which shows public access to the property by permission of the landowner (Section 31(6)). If this is not in place it could mean that a new right of way is established, potentially exposing the landowner to further public rights of way and potentially affecting the value and flexibility of the property.

For advice on rural property sales and purchases, planning issues and estate management, please contact Will Blair. n

Will Blair

07584 383 864 william.blair@galbraithgroup.com