The most obvious way to have a limit determined is to ask for a certain limit. In many cases, specialized chartered surveyors should be used. All too often, experts with no professional experience develop poor quality plans and reports that do not clarify the situation on the ground and often lead to further confusion and consolidation of positions. On request of transfer registration, neighbours may apply to the Registrar to exercise his authority under Rule 122 of the 2003 land code to determine the boundary between their respective titles. The application can be presented on Table 12 of Form TP1 or in a cover letter. No tax is due, except for the corresponding tax for the registration of transfers. If only one transfer is required, the application must be submitted by the purchaser. The boundary may be determined by the surveyor`s report, but often they find that it is not clearly defined, or your neighbour hires a surveyor who does not agree with yours. If there is no agreement between you and your neighbour, the case will probably go to a court where a judge will decide the border situation, which will have the effect of clearly defining the extent of each party`s country. Contact the Royal Institution of Chartered Surveyors for advice on resolving border disputes. The case of Acco Properties Ltd v. Severn reinforces many of the legal principles at stake in border disputes. While Judge Simon Barker qC said it was “economic folly” to argue over a very small strip of land, he confirmed the right to do so.
“The property is shown on the attached plan, with respect to the land based on the surface inside the title number shown in panel 1 [gilets, etc.] [red color, etc.] ». If, for example, you intend to replace a hedge with a fence, you should keep in mind that a fence sets a much more specific limit than the hedge, which could lead to a border conflict if your neighbours do not agree with where you installed it. For this reason, never change or add a section of border without first checking with your neighbours. Assuming that the neighbours cannot find a solution and the case is tried, a judge will enforce the law and make a decision on the border. In many cases, the judge will have to deal with the negative possession of the country. This does not mean, however, that the court necessarily grants the remedy that either party wishes. In paragraph 8 of its now-unnecessary Public Guide 19, it states that “determining the border” requires “a very precise plan indicating exactly where the limit is” and the plan must be submitted with a completed DB form.