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Boundary Dispute and Right of Way Surveys Leicester - Land Registry Title Plans
Boundary dispute surveys
Right of way investigations
Expert witness reports for court
Independent RICS advice
Land Registry Title Plans
If you are facing a boundary or right of way dispute in Leicester or Leicestershire, early professional advice can prevent escalation and unnecessary cost.
Property owners often give little thought to their boundaries until a dispute arises. Once a neighbour has removed a tree, hedge, or fence believed to be yours, it can be extremely difficult to reverse the situation.
Where suitable title deeds exist, many boundary disputes can be investigated and, in some cases, resolved. Precise measurements can be taken and reference points established to help identify a boundary line. Where matters escalate, professional documents, photographs, plans, and expert reports can be prepared to support (or challenge) County Court proceedings, including claims for compensation or reinstatement of boundary features.
The Importance – and Limits – of Title Deeds
The assistance available in boundary disputes is usually only as good as the documentary evidence. Modern Land Registry title plans show general boundaries only and are typically accurate to no better than approximately half a metre. This limitation arises from the small scale at which boundaries are plotted.
For this reason, historic title deeds containing measurements, sketches, or written descriptions can be invaluable. When purchasing a property, it is always prudent to clarify unclear boundaries with neighbouring owners at an early stage.
Using Historic Evidence and Ordnance Survey Plans
In the absence of definitive title deeds, it may still be possible to draw reasoned conclusions from:
Physical features on the ground
Historic photographs
Earlier conveyances
Ordnance Survey mapping
Steve Butler has access to a wide archive of historic Ordnance Survey sheets, some dating back to before 1900. However, care must be taken when relying on OS plans. Their purpose is to record features on the ground, not to define legal boundaries. They are typically prepared at scales of 1:1250 or 1:2500, meaning 1mm on the plan represents 1.25m or 2.5m on site, making precise scaling unreliable.
Although generally accurate, OS plans can contain errors and should always be considered alongside other evidence.
Access to Land Registry Records
Through a professional Land Registry account, Steve Butler can obtain:
Title Registers and Title Plans for neighbouring properties
Copies of original conveyance documents where available
These documents often provide crucial context when establishing historic intent and boundary alignment.
Steve Butler regularly acts as an independent RICS expert witness in boundary and right of way disputes for County Court proceedings.
Expert Witness Boundary Dispute Reports
Steve Butler regularly acts as an independent RICS expert witness in boundary and right of way disputes for County Court proceedings.Example Case: Garage Boundary Dispute
A neighbour constructed a raised hardstanding, using an adjacent garage wall as a retaining structure. This caused water runoff into the garage, staining walls and pooling on the floor. Our investigation concluded that the boundary lay approximately six inches away from the garage, supporting the property owner’s claim.
Example Case: Alleged Water Ingress – Leicester
In another case, a property owner alleged that water ingress was caused by raised ground levels on neighbouring land. Our expert survey demonstrated that this was not the cause, and the claim was successfully rebutted.
Party Wall and Boundary Issues from Neighbouring Extensions
We also prepare expert reports relating to boundary and party wall matters arising from neighbouring extensions, including nuisance and damage claims.
In Acco Properties Ltd v Severn (2011), His Honour Judge Simon Barker QC summarised the key principles governing boundary disputes, including:
Registered title plans show general boundaries only
Ordnance Survey plans should not be scaled to define exact boundaries
The starting point is always the wording of the conveyance
Extrinsic evidence may be used where documents are unclear
Courts must determine a clear boundary, not leave matters uncertain
Boundaries may change through adverse possession
Informal boundary agreements may be oral or inferred
These principles remain central to modern boundary dispute determinations.
Significant cases include:
West v Sharp (1999) – only substantial interference with a right of way is actionable
B&Q v Liverpool & Lancashire Properties [2001] – a dominant owner is entitled to the full extent of an easement, not just what is reasonably required
Emmett v Sisson [2014] – a grantee may exercise a right of way at any point it touches their land, where supported by the conveyance
These cases confirm that rights of way must be assessed on convenience, not necessity.
Land Registry Title Plans
Our Chartered Surveyors have prepared many Title and conveyacne plans for the Land Registry and are fully familar with their requiements.
Frequently Asked Questions – Boundary & Right of Way Disputes
What is a boundary dispute survey?
A boundary dispute survey is an independent investigation carried out by a RICS Chartered Surveyor to establish the likely position of a legal boundary. It typically involves reviewing title deeds, historic conveyances, Land Registry records, Ordnance Survey mapping, site measurements, and physical features on the ground.
Are Land Registry title plans accurate?
Land Registry title plans show general boundaries only. They are not intended to define the exact position of a boundary and are typically accurate only to within approximately half a metre. Additional evidence is often required where a dispute arises.
Can a boundary be established without title deeds?
In some cases, yes. Where title deeds are missing or unclear, conclusions may be drawn from historic documents, physical features, long-standing occupation, old photographs, or other admissible evidence. Each case depends on its specific facts.
Do Ordnance Survey plans define legal boundaries?
No. Ordnance Survey plans record physical features on the ground and are not legal boundary documents. They should not be scaled to determine exact boundary positions and must be considered alongside title deeds and other evidence.
What is a right of way dispute?
A right of way dispute arises where access over land is obstructed, restricted, or interfered with. The issue is whether the right can still be exercised substantially and conveniently in accordance with the original grant.
Can you act as an expert witness for court?
Yes. Steve Butler regularly acts as an independent RICS expert witness in boundary and right of way disputes, preparing reports suitable for County Court proceedings and providing impartial professional opinion.
When should I instruct a boundary surveyor?
It is advisable to seek professional advice as early as possible. Early investigation can often prevent disputes from escalating and may avoid unnecessary legal costs.
