BOUNDARY disputes. Nobody wants one but sadly they are all too common, especially in rural areas where larger parcels of land are often divided up and sold off.

Unless the historic deeds specify clearly where the boundary is, provide measurements or say what the boundary structures are, then it can often be difficult to work out whether a hedge, wall or fence forms the legal boundary between two properties, or lies on one side or another of it.

It is important to note there is a difference between the “legal boundary” and the “physical boundary”.

According to the Land Registry, the legal boundary is an imaginary or invisible line dividing one person’s property from that of another. It is an exact line having no thickness or width and is rarely identified with any precision either on the ground or in conveyances or transfers and is not shown on Ordnance Survey mapping.

On the other hand, the physical boundary is a visible structure such as a hedge or wall. It may follow the legal boundary, it may not. It may move over time.

The Land Registry title plans therefore only show the “general boundaries” of a property. This will give you an indication of where the boundary lies, but does not confirm the line of the legal boundary or the ownership of a boundary structure.

Certain presumptions (such as the “hedge and ditch rule”) may assist, but you would need to take legal advice.

Ultimately the exact position of a boundary, if disputed, can be determined only by the court or a tribunal. However, this can be an expensive process both in terms of legal fees and also surveyor’s fees, which is why parties are always encouraged to avoid a dispute and come to some agreement.

This is particularly so because any kind of dispute needs to be disclosed when you come to sell your property.