In most cases the documents we provide with our Boundary Search represent all of the documents available. In the event that they are insufficient to help you resolve your dispute we would suggest that you proceed as follows:
1 Check to see if there are any non-digital documents referred to that you have not yet obtained and make an application for them, using our Deeds searches. We provide all the documents scanned by the Land Registry. Sometimes, however, there are references to Deeds that have not been scanned. You will know which documents they are because there will be no reference in the paragraph referring to it that it has been copied or filed. We refer to the non-scanned Deeds as Paper Deeds.
2 Consider entering into a formal Boundary Agreement with your neighbour. The agreement will have to be registered against the Title to your property and your neighbour's property.
3 Offer to purchase the relevant disputed parcel of land from your neighbour.
4 Consider applying to the Land Registry for a Determined Boundary.
5 Make application to the Court.
The above have been listed in ascending order of cost. Please note that the first step to any of the above is to obtain the documents that we have just sent you, so even if they have not helped you yet, they are an essential first step to any further steps you take to resolve your dispute.
Please browse our LR3x searches. The two that you may be interested in are the LR3b and LR3c Searches. These documents are not always available, however.
Informal Boundary Agreement
Where both parties agree on the location of the boundaries and do not require a formal agreement to be drawn, an informal Boundary Agreement, in the form of a memo and with a detailed informal plan can be signed by both parties. The Land Registry can then note the same in the respective Title Registers. This is not legal binding, however.
Formal Boundary Agreement
If you can come to an agreement with your neighbour about who owns which part of the boundary this can be encapsulated in a formal boundary agreement. This will have to be supported by a detailed survey plan from a surveyor who is experienced in Boundary Surveys. The surveyor would also prepare the Boundary Agreement and would register this with the Land Registry against both adjoining property Titles. The Agreement denoted in the Title Register for the properties is that both neighbours have agreed that the boundary positions are as indicated.
If it has not been possible to agree the boundary positions with your neighbour and it appears that the relevant parcel of land may in actuality belong to your neighbour you could ask him to sell the said parcel of land to you. This would then proceed as a normal sale but supported by a detailed plan, again, drawn by an experienced boundary surveyor.
You can apply to HM Land Registry for a Determined Boundary. Before doing so, however, you will have to have agreed the precise position of the boundaries with your neighbour, and your neighbour will have to consent to the application. The Land Registry will more precisely describe on the Register the boundary position that has been determined.
High Court (Chancery Division)
If all else fails then all that remains is to apply to the court. The court will only hear the case once all relevant documents have been disclosed and surveyors reports agreed (or attempted to be agreed). Litigation can be very expensive and this course of action should only be taken as a last resort.