Boundary Dispute Agreement

1. The ownership of most immovable property shall be recorded in the land registry. It may therefore be tempting, in the event of a border dispute, to first examine the title plan drawn up by the cadastre. This is not the right approach. In the vast majority of cases, the property is only registered with “general boundaries”. In these cases, the cadastre title plan tells you nothing about the exact location of the border. There are only certain situations in which border agreements are deemed legally enforceable. For it to be applicable, the following elements must be put in place under the agreed boundary doctrine: there are a number of ways for a landowner to reach a more precise limit. These can be very complex legal areas, which is why we will only summarize here. The points that are usually not disputed are the conclusion of a border agreement or a specific limit.

A change of legal ownership of land cannot be registered without a deed of transfer. If an informal agreement is reached between neighbours about a strip of land, it should be registered with the HMLR to guarantee legal title to bind the rights holders. HM Land Registry (HMLR) does not set a limit to the settlement of a disagreement over the exact location of the boundary line. Instead, once the exact HMLR line was identified, the limit was determined. Normally, both parties would commission an expert to identify the border and a request is made to the HMLR to register a certain limit. The Registrar must then decide whether he or she is satisfied that: A “boundary line” is a legal concept that relates to the surface that covers land. It is usually determined either with a real estate surveyor or GPS technology. You will normally find the description of your boundaries in the registered title of the property. They should then instruct a surveyor to draw up a plan specifying the agreed boundary and submit it to the cadastre to ensure that the boundary is clearly established in the registers. Sort line agreements are legally binding in a manner equivalent to that of the signing of a contract by the parties.

It is interesting to note that the doctrine of the agreed boundary subjects future owners to the new borders agreed between the parties. Before entering into such an agreement, the parties should therefore review their local zoning and subdivision land lines to confirm that their agreement does not interfere with any of these lines. Our expertise lies not only in eloquent advice on the legal basis of your border, but also in the settlement of the dispute with your neighbour. We understand the often competing desire to protect your home from aggression and the need to solve problems at a lower cost. Unless previously specified, this only indicates the general position of a limit and cannot be left to its correctness. Ordnance Survey`s Os plans tend to mark features like hedges and fences instead of legal boundaries. The scale means that the features can drop up to 2.3 meters. The border between two plots of land is a frequent cause of neighbourly border conflicts. The “border” has no particular meaning in the law. There are two ways to use the word “boundary”: legal boundary and physical boundary: • Legal boundary is an imaginary, invisible line that separates one property from another….