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If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed. The registered titles can help you to reach an agreement, but only if this information has been added.
The rule stipulates that if a boundary, such as a fence, has been in a particular position for a continuous 7-year period and has not been contested during that time, it is generally considered the legal boundary of the properties involved.
Determining a boundary If there is a dispute over a position of a boundary and it is clear from the title deeds where the boundary lies, the title deeds cannot be challenged. Where there is a boundary dispute and the title deeds are not clear, extrinsic evidence may be used to established the boundary.
The application costs £90. You'll also need to pay the surveyor and the solicitor a fee. If your neighbour agrees with your application, they'll need to sign the form and the plan as well. If your application is successful, HM Land Registry ( HMLR ) will send you a copy of your updated title plan and register.
The rule states that any person, whose land has been encroached on for a period of seven years or more, is in a legal limbo. The rule is not limited to larger areas of land. For example, a fence or hedge that has been erected on your neighbour's land can be considered a boundary line.
A boundary agreement is an understanding between parties indicating where the boundary between two or more properties exists. The line agreed upon may or may not be the true or original boundary, and it does not have legal value until both parties sign a lot line agreement.