There are cases where it is desirable – in agreement with the neighbouring landowner – to adjust the boundaries of a parcel of land of a small amount (this adjustment will also affect the adjacent property), for example: it seems clear that an “agreement to delimit an unclear boundary binds the parties and binds the successors”: Haycock v Neville [2007] EWCA Civ 78 at [25] and Neilson v Poole (1969) 20 P & CR 909. But it does not yet seem clear whether a border agreement will bind legal successors in all circumstances (especially in the absence of their knowledge of the agreement). You must provide at your request a detailed plan that identifies the exact line of the border. The plan must have sufficient physical characteristics to allow the general position of the boundary to be drawn on a map of the operating system. There should also be an accurate verbal description of the boundary to assist in the identification of the plan. In previous cases, courts have distinguished between two different types of border agreements. Upon receipt of the application or after further investigation under Rule 17 of the Land Registry Regulations, 2003, the Registrar must decide whether the Registrar is satisfied that: (i) the plan or verbal description identifies the exact line of the claimed boundary, (ii) the applicant has demonstrated a challenged case that the exact boundary line is in the position indicated, and (iii) they (the Registrar) can identify all owners of the lands adjacent to the border and have an address where each owner can be notified. If this application is completed, the Registrar must inform the adjacent owner(s) of the application, unless the evidence on which the application is based and which is submitted with the application includes a written agreement with the adjacent owner on the boundary line or a court order establishing the boundary line. Box 9 of Form DB must be completed if the adjacent owner agrees. The Registrar must cancel the application if he or she is not satisfied with items (i), (ii) and (iii). If, on the other hand, it is established that the transfer of immovable property is indeed, the border agreement creates an obligation for one party to transfer any land on the side of the agreed border of the other party, subject to any written formal requirements (see A simple border agreement).

on request: Neilson v. Poole (1969) 20 P&CR 909 at points 918 and 919. In Section 4, under “Requests in Order of Priority”, write: “Take note of a border agreement”. Under “Fees paid (£)”, write “£40”. In the second type, the parties do nothing more than determine on the spot what the title documents describe in words or on a plan. Nothing is transmitted (at least consciously) – the agreement is to identify or delimit, not to serve as a mediator. This type of agreement is not a land transfer contract. In Yeates v. Line, the applicants had applied to the land registry for registration as owners of a small piece of land because they had acquired ownership of it through unfavourable property. The defendants, who owned the property, objected.

This was confirmed in Joyce v. Rigolli in 2004. The Court of Appeal held that if the purpose of an informal delimitation plan was to confirm the position of a demarcation line, even if the formal provisions on enforcement as an act were not respected, and although the parties intended that there would be an effective transfer of an insignificant area of land, then section 2 of the Property (Miscellaneous Provisions) Act 1989 (enforcement as an act, etc.) does not apply. Cited in that case, where the other cases of Scarfe v. Adams in 1981 and Kingston v. Phillips in 1978. Sometimes these adjacent landowners are friendly enough to reasonably discuss the problem of correctly identifying the true position of their border. They could study the transfers to their respective countries and conclude with discussion what the sellers intended to do with these transfers.

After choosing a position for the boundary that corresponds to the sellers` derived intentions, the adjacent landowners created an agreed boundary. The most obvious way to determine a boundary is to request a specific boundary. If a registered consignment is not a party to a border agreement and its consent to the change is not submitted, we will inform the controller that the entry has been made. The first step is to identify the exact line of the border based on the available evidence. It must be identified by a plan or plan and a verbal description, and the plan must have sufficient surrounding physical characteristics to identify the general location of the boundary on the Ordnance Survey map. See Requirements for Specified Boundary Plans. If the legal limit is to be determined by an expert, the expert should be responsible for indicating that limit in such a plan. For an example of a specific boundary plan that uses measures, see Example of a specific limit plane based on measures. Applying that reasoning to the compromise agreement in the present case, it was not sufficient for the agreement to have a disorganizing effect. To benefit from Article 2, it must also have had a purpose of elimination. That has not been said in this case.

The compromise agreement was therefore not covered by section 2 and was valid even if it was only oral. The applicants` appeal was dismissed. `An agreement of [date] concluded between [the Parties to the Agreement] refers to [the border in question – e.B. the south-western border] of the country in this Title. If you can make an agreement with your neighbour about who owns which part of the border, this can be summed up in a formal border agreement. This must be supported by a detailed survey plan from a surveyor who has experience in boundary surveying. The surveyor would also prepare the boundary agreement and register it with the land registry for the two adjacent title deeds. The agreement mentioned in the property titles register states that the two neighbors have agreed that the boundary positions are those indicated.

In paragraph 8 of their now superfluous Public Guide 19 Cadastre, we were told that in order to “determine the boundary”, it was necessary to “create a very precise plan indicating where the exact line of the boundary passes” and submit the plan with a completed DB form. It is therefore up to the landowner to determine exactly where the border line is. The only safe way to enter a border agreement is to contact the land registry to determine the boundaries. This is a formal procedure that requires an agreement between neighbouring landowners. Once established, the limits are set in such a way that they are no longer general limits. 1. It is well known that border disputes often become very complex. The result can often refer to highly technical legal points, obscure plans, poorly formulated transfers, detailed extrinsic evidence, or calls for fairness (i.e., exclusive estoppel). The parties agree that the legal boundary between the goods in their respective registered titles and from the point marked “A” to the point marked “B” on the attached plane is represented by the red line between these points. It should be noted that the process of agreeing on the border line with a neighbour, whether for the purpose of concluding a border agreement or for the purposes of a fixed border, can even lead to fierce disagreements, perhaps where none existed before.

In some circumstances, this could lead to a dispute across the border. It would make sense for both parties and all witnesses to sign and date the plan attached to the agreement. In general, the better the quality of the plan – and in particular the more accurately it indicates the position of the legal limit – the more likely the agreement is to be useful to the parties and their legal successors. You can therefore ensure that the plan complies with the guidelines in Practical Guide 40 Supplement 2: Guidelines for Creating Plans for Her Majesty`s Land Registration Applications. But there will be cases where special circumstances mean that a more basic plan is sufficient. You and your neighbor can create a “border agreement” to register: in circumstances where there is clearly a transfer of land, neighbors may want to transfer or transfer the land “formally” instead (or after the border agreement). .