Know Your Boundaries

One of the most frequent legal disputes is disagreeing with your neighbours over where exactly your property lines lay.

The issue is incredibly common and a real thorn in the side of property owners all over the country.

In the recent case of Clapham and others v Narga [2024], rules regarding the establishment of property boundaries and what processes override others were given an in depth look.

What happened?

The case involved two individuals who owned adjacent properties (“Party A”), with a stream running along the bottom of their gardens. On the opposite (north) side of the stream was their neighbour’s (“Party B”) property, Brook Barn.

The dispute began when Party B undertook works on the north bank of the stream. When work commenced they were relying on the Land Registry’s title plan for Brook Barn. However Party A objected to the works, arguing that the land at the north bank of the stream was theirs. They obtained an interim injunction, forcing Party B to cease the works.

The trial judge initially held that Party A had been in adverse possession of the north bank of the stream, establishing title of the land before Brook Barn was even registered. Effectively, having been there so long meant Party A were deemed to be the owners of the land. However it was also decided that when Brook Barn was first registered with the Land Registry, the land on the north bank was included, superseding Party A’s ownership. This meant whoever owned Brook Barn owned this land to, in this case, Party B.

Party B was deemed to be within their rights to commence the works to the north bank, and Party A’s claim to the north bank failed. An appeal to the High Court was dismissed and the case was eventually appealed to the Court of Appeal.

What was decided?

The Court of Appeal held that the previous judgements in the case were based on a misunderstanding of the general boundaries rule, meaning the precise line of a boundary is left undetermined by the Land Registry.

In practical terms it means that Land Registry Title Plans show boundaries as rough estimates – not the precise lines – and thus, Party B should not have relied on them when carrying out the works.

The Court also found that Brook Barn’s first registration did not extinguish Party A’s title through adverse possession, and that this part of the original judgement was made in error. This left Party A to be regarded as the ‘true’ owner of the land on the north bank of the stream. The registration of Brook Barn could not, and did not, affect their ownership.

This, as well as the general boundary rule, meant that the registered title for Brook Barn never actually included the land on the north bank of the stream between the properties.

The Court therefore allowed the appeal and declared that Party A were entitled to be registered as the owners of the land at the northern bank of the stream. In turn, Party B’s works on the land were in breach of their property boundary.

What Can Property Owners Learn from This Case?

1. First and foremost, don’t rely solely on Land Registry Title Plans for an accurate representation of property boundaries! The general boundaries rule does not allow for these documents to show accurate boundaries of properties, so they should not be relied upon. This is the case even if a boundary on a title plan seems to adhere to a particular physical feature, such as a treeline, hedgerow, or in this case, a stream.

2. In addition, remember that registration of a property itself is not conclusive as to what the registered property necessarily includes, but only as to who owns the property.

3. Furthermore, adverse possession can also still play an important role in setting boundaries, prior to the registration of a property.

4. Finally, talk to your neighbours! Oftentimes, many disagreements can be settled by discussing the problem with your neighbours and seeking each other’s interpretation as to where the property line falls. This goes for many types of disputes – open and honest communication is often the best way to reach a solution.

If you’re in the midst of a dispute and can’t seem to find a solution, whether it is property related or otherwise, LFBB Solicitors are here to help. Our litigation department regularly receives amazing client feedback, highlighting our cost-effectiveness and determination to find the best-possible outcomes. If you would like to find out more about how we can help, please call us on 0114 272 9721 or click here to contact us.