Determination of a Boundary

s60 Land Registration Act 2002

 

About the boundary to be determined

The Land Registration Act 2002 states -

 

s60 Boundaries

(1) The boundary of a registered estate as shown for the purposes of the register is a general boundary, unless shown as determined under this section.

(2) A general boundary does not determine the exact line of the boundary.

(3) Rules may make provision enabling or requiring the exact line of the boundary of a registered estate to be determined and may, in particular, make provision about—

                                 (a) the circumstances in which the exact line of a boundary may or must be determined,

                                 (b) how the exact line of a boundary may be determined,

                                 (c) procedure in relation to applications for determination, and

                                 (d) the recording of the fact of determination in the register or the index maintained under section 68.

(4) Rules under this section must provide for applications for determination to be made to the registrar.

 

The Land Registration Rules 2003 state -

 

Application for the determination of the exact line of a boundary

118.—

  1. A proprietor of a registered estate may apply to the registrar for the exact line of the boundary of that registered estate to be determined.
  2. An application under paragraph (1) must be made in Form DB and be accompanied by—

 

  1. a plan, or a plan and a verbal description, identifying the exact line of the boundary claimed and showing sufficient surrounding physical features to allow the general position of the boundary to be drawn on the Ordnance Survey map, and
  2. evidence to establish the exact line of the boundary.

Required

Required

Required

Required

Required

Required

Submitting Form...

The server encountered an error.

Form received.

Required

Required

Chartered Building Surveyors

Request for a written fee proposal for

Determination of a Boundary

 

 

The Land Registration Act 2002 deals with "registered land" which is distinct from "unregistered land".  The term "title deeds" dates back to a time before compulsory registration of a freehold or certain leasehold interests in land; and "land" includes buildings in this instance.

 

Modern registered titles are guaranteed by the State and if you have no mortgage or other charges on the property, you will receive a Land Certificate which includes all the relevant information about the property.  If you lose the Land Certificate it can be replaced, whereas if you lose the former title deeds documentation, you could lose the land itself.

 

Some older freehold titles, and many minor leases are unregistered and there are special provisions which apply to the line of junction (boundary) between registered and unregistered land.

General notes about the Land Registration Act 2002 and Land Registration Rules 2003