Unusually (compared with other major economies), the UK does not have a cadastre (a comprehensive record of real estate and property boundaries). In this country, there is a system of compulsory land registration, with approximately 14% of land remaining unregistered at HM Land Registry (“HMLR”) (meaning reliance on historical, hardcopy deeds, instead of a central, electronic register). Records maintained by HMLR, however, do not usually include detail as to precise, legal boundaries.
When land is first registered, HMLR will produce a title register, and an accompanying title plan showing the boundaries of that land edged in red. Frustratingly, red lines on official title plans do not denote legal boundaries, which has many people stumped when it comes to ascertaining the true extent of their land.
Section 60 of the Land Registration Act 2002 (“LRA”) confirms that the boundaries depicted on title plans are “general” boundaries only and, as such, do not determine the exact position of the boundaries. HMLR’s Practice Guide No. 40 elaborates further by confirming that title plans are based on an Ordnance Survey, which cannot replicate the exact position of each physical feature on the ground. The degree of variation between the “real life” position and the map is known as the “specified accuracy tolerance”. This means that measurements scaled between features shown on Ordnance Survey mapping may not exactly match the actual distance measured between the same features on the ground.
When land is sold, the conveyancing process rarely includes detailed investigation as to legal boundaries, with many people relying solely on their own inspections and cross-comparing with the title plan / conveyance plan. However, physical boundaries often change over time, e.g. as a result of land erosion, encroachments, undocumented land swaps, conveyancing errors, and erection of new boundary features such as fences, walls, tree lines and hedges.
Hedges and ditches, in particular, often cause some confusion regarding location of boundaries. Many landowners wrongly assume that where there is a ditch on “their” land, bordered by a hedge on the far bank, the ditch must belong to them and the hedge must mark the farthest boundary of the neighbouring land.
However, in the 1800s, Mr Justice Laurence famously said:
“The rule about ditching is this. No man, making a ditch, can cut into his neighbour’s soil, but usually he cuts it to the very extremity of his own land: he is of course bound to throw the soil which he digs out, upon his own land; and often, if he likes it, he plants a hedge on top of it”.
And, thus, the “hedge and ditch rule” was born. The hedge and ditch rule is a rebuttable principle which states that when a hedge and ditch separate two properties, the boundary line is usually on the far side of the ditch from the hedge, meaning the hedge owner also owns the ditch. This presumption arose because landowners historically dug the ditch within the bounds of their own land, piled soil on their side to create a bank, and planted a hedge on the mound. The rule may be overturned dependent on circumstances and does not apply where the boundary was fixed after the ditch was dug, it can be shown that the ditch was created whilst all of the land was in common ownership, or where the deeds say otherwise.
In summary: what lies on the ground can end up vastly different to what is shown on plans.
The first port of call should always be to refer to the original deeds for the land. However, these are often misplaced, lost or destroyed following first registration of land, and in some cases misplaced even before land is registered. It is also worth noting that historic deeds may not refer to statutory rights in favour of third parties, which we touch upon below.
We always recommend to our clients that before they commit to a property/land by exchanging contracts for purchase, they thoroughly inspect the land, walk the perimeter, and take advice from an independent RICS-registered surveyor. It is not uncommon, as a result, for minor discrepancies to be noted. However, less frequently, major discrepancies between the plans and physical boundaries are revealed on inspection. Major discrepancies can affect future marketability, saleability, and mortgagability of the land, can frustrate planning processes, and may also affect more short-term user. So how can this be resolved?
A major discrepancy that often crops up is that a further parcel of land which is not identified on the title plan will, in fact, be enclosed with the land you are purchasing. This is usually the result of an undocumented, historic land swap where registration formalities were not undertaken, or an error on first registration of land. If this scenario arises, your conveyancer will then need to investigate the additional parcel(s) and ascertain ownership. If the additional land is registered, your conveyancer will notify you as to who the registered proprietor(s) are, and it is then likely that an additional transfer will need to be negotiated with those third-party landowners.
If, however, the additional parcel(s) are unregistered – and the seller is unable to shed light as to ownership but claims they have utilised said parcel(s) as part of the subject land for a prolonged period – an application for adverse possession of the unregistered area may be required in order to regularise the position.
“Ad medium filum” (Latin for “to the middle line”) is a rebuttable, common-law presumption that a landowner owns up to the centreline of an adjacent highway or non-tidal watercourse (even if not identified on plans). The highway or watercourse may well be subject to third-party statutory rights, but this does not preclude an adjacent landowner from applying to claim the unregistered land housing them with HMLR. Such application will ordinarily be supported by a statutory declaration and, if successful, HMLR will often award possessory title which may be backed by indemnity insurance and upgraded on application 12 years later.
It is possible to have an exact boundary line determined, on application to HMLR. The process, broadly speaking, is as follows.
The application must be supported by a plan prepared by a surveyor and must allow for the position of the boundary to be drawn on the Ordnance Survey map. Once the application has been submitted, HMLR shall then consider:
Provided HMLR are satisfied, they will then notify the adjoining landowners and give them an opportunity to object to the application. If no objection is received by the twentieth working day after the notice is issued, then HMLR shall complete the application. The title register will then be updated to confirm that the boundaries have been determined, and the title plan will be amended to include particulars of the exact measures of the boundary.
An application for a formal boundary determination is made unilaterally. However, an alternative is for neighbouring landowners to enter into a Demarcation Agreement.
A Demarcation Agreement is a formal, legally binding written agreement between neighbouring landowners which clearly defines the physical line between their properties which has been agreed between them, and responsibility for maintenance of defined boundary features.
Whilst formal registration of Demarcation Agreements is not strictly required, it is generally advisable to send a copy of the completed Agreement up to HMLR in order that it can be noted on the title register and relied upon in the event of future boundary disputes.
In the recent (2025) case of White v Alder, the Court of Appeal held that a Demarcation Agreement will bind successors in title, regardless of their knowledge of it. This is another reason it is advisable to lodge a copy of the Agreement with HMLR.
Regardless of whether a portion of land falls within your boundaries (general or legal), that does not mean that the land is not subject to rights in favour of others. Usually, rights in favour of third parties will be noted on the title register (for registered land), or in the deeds (for unregistered land). However, many statutory undertakers have statutory rights, which will not be noted. The most common examples of this are where:
Holmes & Hills specialist Commercial Property Department and Property Litigation team are able to offer advice and support in relation to ascertaining the location of boundaries and resolving boundary disputes.
This article is not intended to constitute formal legal advice. If you require advice about your specific circumstances, please contact us and engage one of our specialists.
Disclaimer
The content of this article is provided for general information only. It does not constitute legal or other professional advice. The information given in this article is correct at the date of publication.
A Mackman Group collaboration - market research by Mackman Research | website design by Mackman
