Frequently Asked Questions

Introduction

This guide tells you what information Land Registry keeps and how to obtain it, based on questions The Land Registry are frequently asked. It also contains the forms you will need to obtain information from us.

If you have other questions about what The Land Registry do our staff will be able to help. If you want more information about the possible legal or business effects of registration, or a similar matter, you should think about getting legal advice. Our staff will try to help as much as possible but please remember that we cannot give legal advice.

Frequently asked questions

Why is land registered?

The aim of registering title to land is to create and maintain a register of land, the title to which is guaranteed by the state. The guarantee means that if a mistake occurs in the register and the owner suffers loss, The Land Registry can pay compensation. A system of land registration also makes it simpler to buy, sell and charge (or mortgage) land and property. When land is referred to within this guide this also includes any property that may be built on this land.

Is all land registered?

No, not all land is registered. This could be for a number of reasons. For example, the land may have been in the same ownership for many years and the event triggering its first registration, such as a sale or mortgage, has not occurred. However, The Land Registry do have details of more than 20 million registered properties in England and Wales, a number that increases every day. But there are still millions of properties that have not yet been registered and The Land Registry do not hold information on them.

What is a registered title?

A registered title provides the legal evidence that the land has been registered at Land Registry. When land is registered, we create a register that provides an up-to-date record of the legal ownership and other matters relating to the land or property in question. Every register has a unique title number that enables the easy identification of the register of the property in question.

How do I find out whether land is registered?

Land Registry keeps a computerised map based on the Ordnance Survey map. This map (the ‘index map’) provides an index of the land in the title for the vast majority of registrations and pending applications for first registration. To find out if land is registered you should complete form SIM to apply for an official search of the index map. To get form SIM, see section 4 How to get our other guides and forms. If you cannot quote a full postal address on form SIM, or if there is likely to be any doubt about where the property is, or the area it covers, you will need to provide a plan that must:

    • be based on the latest published edition of the large scale Ordnance Survey map
    • be drawn to scale
    • indicate the scale and north point
    • show the precise extent of the property by suitable colouring/edging
    • show the position of the land in relation to nearby roads and other relevant features.

The certificate of result of search will show whether or not the land is registered, the title numbers that affect it and the type of registration that has been disclosed. The Land Registry index the following types of registration on the index map.

    • Pending applications for first registration (other than of title to a relating franchise).
    • Pending applications for caution against first registration (other than where the subject of the caution is a relating franchise).
    • Registered estates in land.
    • Registered rentcharges.
    • Registered profits a prendre in gross.
    • Registered affecting franchises.
    • Cautions against first registration (other than where the subject of the caution is a relating franchise).

The Land Registry also index the following types of registration (defined below), but these make up a very small percentage of the titles The Land Registry hold.

    • Registered rentcharges.
    • Registered profits a prendre in gross.
    • Registered affecting franchises.

A franchise is a right or privilege that the Crown grants. Examples include the right to take a toll or to hold a market or fair. A profit a prendre in gross is a right to take something from somebody else’s land, for example, fishing or shooting rights. A rentcharge is a periodic payment of money charged on land, but it excludes rent payable under a lease or tenancy and sums payable as interest.

The following types of registration are not indexed on the index map.

    • Relating franchises (a franchise not related to a defined area of land).
    • Manors (includes lordships, manorial land and rights affecting such land, such as shooting or fishing).

The reason they are excluded is because the extent of a relating franchise or manor cannot be determined with any precision. The Land Registry hold information about these types of registration in an index of verbal descriptions called the index of relating franchises and manors. This index is arranged by administrative area.

You should complete form SIF to apply for an official search of the index of relating franchises and manors. You can make a personal application to search both the index map and the index of relating franchises and manors at any Land Registry office. To do so, you must have a plan that clearly shows the land that you are interested in.

What information do you keep on the register?

There is an example of a register set out in section 6 Appendix A – Example of a register. You will see that there are three parts of the register. The extent of the registered land is shown on the title plan. In some cases specific documents that the register refers to are filed at Land Registry. Some registers of titles in Wales may have entries in Welsh. If you have any queries regarding these, please contact Land Registry, Wales Office (see section 12 Appendix G – Addresses of Land Registry offices).

The first part of the register is the property register. This contains a description of the land in the title. It also refers to a title plan, which is prepared for each title (an example of this plan is set out in section 7 Appendix B – Example of a title plan). It may also give details of any rights that benefit the land, such as a right of way over nearby land. In the case of a leasehold title, it gives brief details of the lease. The title plan is based on the large-scale maps of the Ordnance Survey.

The second part of the register is the proprietorship register. This gives the quality of the title, such as an absolute title, and the name and address of the legal owner, and shows whether there are any restrictions on their power to sell, mortgage or otherwise deal with the land. When The Land Registry are completely satisfied about who owns the property The Land Registry will give absolute title. In some cases, however, The Land Registry will give a more limited class of title.

The third part of the register is the charges register. This contains details of registered mortgages and notice of other financial burdens secured on the property (but does not usually give details of the amounts of money involved). It also gives notice of other rights and interests that affect the property, such as leases, rights of way or covenants that limit how the property can be used.

How can I get information about the register?

You can order a copy of the register online by visiting www.landregistry-uk.com and selecting the search by map service.

Can I look at documents too?

Yes, you can apply for an official copy of:

    • any document referred to in the register provided The Land Registry hold a copy, or
    • any document that is not referred to in the register that relates to an application, provided The Land Registry hold a copy.

These documents are available as of right under the Land Registration Rules 2003 (unless they have been designated an exempt information document – see section 2.8 What if I need a copy of a document that has been made an exempt information document? for more information or are otherwise excepted from the right to inspect and obtain copies). You should use form OC2, an example of which is set out in section 9 Appendix D – Form OC2, to apply.

There is a fee for this service (see section 3 Fees). Please ensure that you complete the relevant part of section 7 of the OC2 with details of the document that you want. If you want a copy of a document that is not referred to in the register, please supply as much information as possible, such as the date of the document, parties and the date (or approximate date) that the document was sent to us. This will help us find the correct document in our files. Please try to avoid asking for “all documents connected with the transfer to me” unless you really need all this information. This is because ‘all information’ would include application forms and routine letters to us, which may be of little interest to you but could increase the fees you need to pay. The Land Registry may also hold electronic documents that were used to create the register, but to keep your costs down The Land Registry will not supply copies of these unless you specifically ask for them.

For more information please see Practice Guide 11 – Inspection and applications for official copies.

What if I need a copy of a document that has been made an exempt information document?

Since 13 October 2003 it has been possible to exempt documents that contain prejudicial information from the general right to inspect and copy documents The Land Registry hold.

If you apply for an official copy of an exempt information document using form OC2, you will receive an edited copy of the document that does not contain the prejudicial information. If you want a full copy, which contains all the prejudicial information you can apply in writing, by email or by using form EX2.

For more information please see Practice Guide 57 – Exempting documents from the general right to inspect and copy.

Does the Freedom of Information Act 2000 apply to documents that Land Registry holds?

Yes. From 1 January 2005 you have the right to information under the Freedom of Information Act 2000 (FOIA 2000).

Where information is available as of right under the Land Registration Rules 2003 (LRR 2003) any request for information is governed by the LRR 2003 and not by the FOIA 2000. This is because section 21, FOIA 2000 makes information exempt from FOIA 2000 when it is “reasonably accessible by other means.” For this reason The Land Registry claim exemption under s.21 as the information is already accessible through our Rules and so cannot be made available by the FOIA 2000. For details of information that is available as of right under the LRR 2003 please see sections 2.4, 2.5, 2.6 and in particular 2.7 Can I look at documents too?

You can still apply for a copy of an exempt information document under the LRR 2003. Please see section 2.8 What if I need a copy of a document that has been made an exempt information document? for more information. As these are documents that are not available as of right under the LRR 2003 you can also request the information under the FOIA 2000. An application for information under the FOIA 2000 must be made in writing, by letter, fax or email. For more information regarding the FOIA 2000 please see Public Guide 15 – Your rights under the Freedom of Information Act 2000.

A fee may be payable for any requests for information under the FOIA 2000; please see section 3 Fees for more information.

What documents do you not keep?

There are some documents that The Land Registry do not generally keep. These are:

    • title deeds dated before the date the property was first registered, other than those referred to in the register as being filed. See entry number 2 in the charges register of the specimen register in section 6 Appendix A – Example of a register
    • copies of deeds that are not referred to in the register
    • court orders1
    • birth, marriage or death certificates1
    • civil partnership documents1
    • grants of probate or letters of administration1.

1 These items are public documents and can be obtained from the appropriate court officials, the Registrar of Births, Deaths and Marriages or the Probate Registry.

The Land Registrydo not have information about:

    • individual land or property values before 1 April 2000
    • matters relating to planning permission, compulsory purchase, redevelopment, road charges, public-health charges, building lines or tree conservation (the local authority will record these)
    • unregistered land or property
    • tenancy agreements
    • land held under a lease for a term of seven years or less. ( The Land Registry may also not have information about leases granted for a longer term. Before 13 October 2003, we only dealt with leases if they were for more than 21 years.)
    • land or property outside England and Wales, or
    • matters relating to the community charge, council tax and rating assessments.

Where do I apply?

You should apply online at www.landregistry-uk.com

What information is available on the internet?

The Land Registry have various services on our website to help you.

    • www.landregistry-uk.com is our main website and provides information about our services, and forms for ordering documents.
    • the ‘Find a property’ service on our main website provides electronic access to some of our records. This service is aimed at the general public. To use this service you will need a valid email address and debit/credit card.

What if I think there is a mistake on my register

If you think your register is wrong in some way, please contact Customer Support (see Contact details) and The Land Registry will look into the matter. If The Land Registry do not agree that something is wrong The Land Registry will tell you why. If they agree that there is a mistake, they will explain how it happened and try to put it right. Mistakes may not always be our fault, but they are responsible for making sure that our title plans are accurate.

You may be asked to put your comments in writing.

Appendix A – Example of a register

Title Register - FAQ

This guide tells you what information Land Registry keeps and how to obtain it, based on questions The Land Registry are frequently asked. It also contains the forms you will need to obtain information from us.

If you have other questions about what The Land Registry do our staff will be able to help. If you want more information about the possible legal or business effects of registration, or a similar matter, you should think about getting legal advice. Our staff will try to help as much as possible but please remember that we cannot give legal advice.

Frequently asked questions

Why is land registered?

The aim of registering title to land is to create and maintain a register of land, the title to which is guaranteed by the state. The guarantee means that if a mistake occurs in the register and the owner suffers loss, The Land Registry can pay compensation. A system of land registration also makes it simpler to buy, sell and charge (or mortgage) land and property. When land is referred to within this guide this also includes any property that may be built on this land.

Is all land registered?

No, not all land is registered. This could be for a number of reasons. For example, the land may have been in the same ownership for many years and the event triggering its first registration, such as a sale or mortgage, has not occurred. However, The Land Registry do have details of more than 20 million registered properties in England and Wales, a number that increases every day. But there are still millions of properties that have not yet been registered and The Land Registry do not hold information on them.

What is a registered title?

A registered title provides the legal evidence that the land has been registered at Land Registry. When land is registered, we create a register that provides an up-to-date record of the legal ownership and other matters relating to the land or property in question. Every register has a unique title number that enables the easy identification of the register of the property in question.

How do I find out whether land is registered?

Land Registry keeps a computerised map based on the Ordnance Survey map. This map (the ‘index map’) provides an index of the land in the title for the vast majority of registrations and pending applications for first registration. To find out if land is registered you should complete form SIM to apply for an official search of the index map. To get form SIM, see section 4 How to get HMLR other guides and forms. If you cannot quote a full postal address on form SIM, or if there is likely to be any doubt about where the property is, or the area it covers, you will need to provide a plan that must:

    • be based on the latest published edition of the large scale Ordnance Survey map
    • be drawn to scale
    • indicate the scale and north point
    • show the precise extent of the property by suitable colouring/edging
    • show the position of the land in relation to nearby roads and other relevant features.

The certificate of result of search will show whether or not the land is registered, the title numbers that affect it and the type of registration that has been disclosed. The Land Registry index the following types of registration on the index map.

    • Pending applications for first registration (other than of title to a relating franchise).
    • Pending applications for caution against first registration (other than where the subject of the caution is a relating franchise).
    • Registered estates in land.
    • Registered rentcharges.
    • Registered profits a prendre in gross.
    • Registered affecting franchises.
    • Cautions against first registration (other than where the subject of the caution is a relating franchise).

The Land Registry also index the following types of registration (defined below), but these make up a very small percentage of the titles The Land Registry hold.

    • Registered rentcharges.
    • Registered profits a prendre in gross.
    • Registered affecting franchises.

A franchise is a right or privilege that the Crown grants. Examples include the right to take a toll or to hold a market or fair. A profit a prendre in gross is a right to take something from somebody else’s land, for example, fishing or shooting rights. A rentcharge is a periodic payment of money charged on land, but it excludes rent payable under a lease or tenancy and sums payable as interest.

The following types of registration are not indexed on the index map.

    • Relating franchises (a franchise not related to a defined area of land).
    • Manors (includes lordships, manorial land and rights affecting such land, such as shooting or fishing).

The reason they are excluded is because the extent of a relating franchise or manor cannot be determined with any precision. The Land Registry hold information about these types of registration in an index of verbal descriptions called the index of relating franchises and manors. This index is arranged by administrative area.

You should complete form SIF to apply for an official search of the index of relating franchises and manors. You can make a personal application to search both the index map and the index of relating franchises and manors at any Land Registry office. To do so, you must have a plan that clearly shows the land that you are interested in.

What information do you keep on the register?

There is an example of a register set out in section 6 Appendix A – Example of a register. You will see that there are three parts of the register. The extent of the registered land is shown on the title plan. In some cases specific documents that the register refers to are filed at Land Registry. Some registers of titles in Wales may have entries in Welsh. If you have any queries regarding these, please contact Land Registry, Wales Office (see section 12 Appendix G – Addresses of Land Registry offices).

The first part of the register is the property register. This contains a description of the land in the title. It also refers to a title plan, which is prepared for each title (an example of this plan is set out in section 7 Appendix B – Example of a title plan). It may also give details of any rights that benefit the land, such as a right of way over nearby land. In the case of a leasehold title, it gives brief details of the lease. The title plan is based on the large-scale maps of the Ordnance Survey.

The second part of the register is the proprietorship register. This gives the quality of the title, such as an absolute title, and the name and address of the legal owner, and shows whether there are any restrictions on their power to sell, mortgage or otherwise deal with the land. When The Land Registry are completely satisfied about who owns the property The Land Registry will give absolute title. In some cases, however, The Land Registry will give a more limited class of title.

The third part of the register is the charges register. This contains details of registered mortgages and notice of other financial burdens secured on the property (but does not usually give details of the amounts of money involved). It also gives notice of other rights and interests that affect the property, such as leases, rights of way or covenants that limit how the property can be used.

How can I get information about the register?

You can order a copy of the register online by visiting www.landregistry-uk.com and selecting the search by map service.

Can I look at documents too?

Yes, you can apply for an official copy of:

    • any document referred to in the register provided The Land Registry hold a copy, or
    • any document that is not referred to in the register that relates to an application, provided The Land Registry hold a copy.

These documents are available as of right under the Land Registration Rules 2003 (unless they have been designated an exempt information document – see section 2.8 What if I need a copy of a document that has been made an exempt information document? for more information or are otherwise excepted from the right to inspect and obtain copies). You should use form OC2, an example of which is set out in section 9 Appendix D – Form OC2, to apply.

There is a fee for this service (see section 3 Fees). Please ensure that you complete the relevant part of section 7 of the OC2 with details of the document that you want. If you want a copy of a document that is not referred to in the register, please supply as much information as possible, such as the date of the document, parties and the date (or approximate date) that the document was sent to us. This will help us find the correct document in the files. Please try to avoid asking for “all documents connected with the transfer to me” unless you really need all this information. This is because ‘all information’ would include application forms and routine letters to us, which may be of little interest to you but could increase the fees you need to pay. The Land Registry may also hold electronic documents that were used to create the register, but to keep your costs down The Land Registry will not supply copies of these unless you specifically ask for them.

For more information please see Practice Guide 11 – Inspection and applications for official copies.

What if I need a copy of a document that has been made an exempt information document?

Since 13 October 2003 it has been possible to exempt documents that contain prejudicial information from the general right to inspect and copy documents The Land Registry hold.

If you apply for an official copy of an exempt information document using form OC2, you will receive an edited copy of the document that does not contain the prejudicial information. If you want a full copy, which contains all the prejudicial information you can apply in writing, by email or by using form EX2.

For more information please see Practice Guide 57 – Exempting documents from the general right to inspect and copy.

Does the Freedom of Information Act 2000 apply to documents that Land Registry holds?

Yes. From 1 January 2005 you have the right to information under the Freedom of Information Act 2000 (FOIA 2000).

Where information is available as of right under the Land Registration Rules 2003 (LRR 2003) any request for information is governed by the LRR 2003 and not by the FOIA 2000. This is because section 21, FOIA 2000 makes information exempt from FOIA 2000 when it is “reasonably accessible by other means.” For this reason The Land Registry claim exemption under s.21 as the information is already accessible through HMLR Rules and so cannot be made available by the FOIA 2000. For details of information that is available as of right under the LRR 2003 please see sections 2.4, 2.5, 2.6 and in particular 2.7 Can I look at documents too?

You can still apply for a copy of an exempt information document under the LRR 2003. Please see section 2.8 What if I need a copy of a document that has been made an exempt information document? for more information. As these are documents that are not available as of right under the LRR 2003 you can also request the information under the FOIA 2000. An application for information under the FOIA 2000 must be made in writing, by letter, fax or email. For more information regarding the FOIA 2000 please see Public Guide 15 – Your rights under the Freedom of Information Act 2000.

A fee may be payable for any requests for information under the FOIA 2000; please see section 3 Fees for more information.

What documents do you not keep?

There are some documents that The Land Registry do not generally keep. These are:

    • title deeds dated before the date the property was first registered, other than those referred to in the register as being filed. See entry number 2 in the charges register of the specimen register in section 6 Appendix A – Example of a register
    • copies of deeds that are not referred to in the register
    • court orders1
    • birth, marriage or death certificates1
    • civil partnership documents1
    • grants of probate or letters of administration1.

1 These items are public documents and can be obtained from the appropriate court officials, the Registrar of Births, Deaths and Marriages or the Probate Registry.

The Land Registrydo not have information about:

    • individual land or property values before 1 April 2000
    • matters relating to planning permission, compulsory purchase, redevelopment, road charges, public-health charges, building lines or tree conservation (the local authority will record these)
    • unregistered land or property
    • tenancy agreements
    • land held under a lease for a term of seven years or less. ( The Land Registry may also not have information about leases granted for a longer term. Before 13 October 2003, we only dealt with leases if they were for more than 21 years.)
    • land or property outside England and Wales, or
    • matters relating to the community charge, council tax and rating assessments.

Where do I apply?

You should apply online at www.landregistry-uk.com

What information is available on the internet?

The Land Registry have various services on our website to help you.

    • www.landregistry-uk.com is our main website and provides information about our services, and forms for ordering documents.
    • This service is aimed at the general public. To use this service you will need a valid email address and debit/credit card.

What if I think there is a mistake on my register

If you think your register is wrong in some way, please contact Customer Support (see Contact details) and The Land Registry will look into the matter. If The Land Registry do not agree that something is wrong The Land Registry will tell you why. If they agree that there is a mistake, they will explain how it happened and try to put it right. Mistakes may not always be our fault, but they are responsible for making sure that the title plans are accurate.

You may be asked to put your comments in writing.

Title Plans, FAQ.

When Land Registry registers a property, both a register and a title plan are prepared. The register shows the name(s) of the owner(s) and contains other information about the property. The title plan shows the general boundary of the registered land, unless shown as having been determined as an exact boundary pursuant to section 60 of the Land Registration Act 2002.

Land Registry bases its title plans on Ordnance Survey maps because they enable the land registry to draw the plans to a satisfactory standard and to relate individual title plans to one another.

This guide sets out the purpose of title plans and explains what information Land Registry may be able to provide. Many enquiries dealt with are about boundaries and title plans play an important role with regard to these. This guide, therefore, deals with some common boundary questions and problems. More often than not, however, information held by Land Registry may not help in solving boundary problems and we cannot provide legal advice in relation to boundary disputes or any other matters.

If your property is not registered, you will have to rely primarily on your title deeds to try to establish the position of your legal boundary.

Boundary issues and disputes can be complex and we strongly advise you to seek professional advice, such as from a solicitor.

What is shown on a title plan?

A title plan shows:

    • the unique title number of the registered property
    • the Ordnance Survey map used to prepare the title plan
    • the scale to which the plan is drawn. This is usually 1:1250 for urban areas and 1:2500 for rural areas
    • the administrative area the property falls in
    • the north point
    • black lines that represent features such as buildings, walls, fences or hedges
    • a red line indicating the general boundary of the registered land, unless shown as having been determined as an exact boundary pursuant to section 60 of the Land Registration Act 2002, and
    • sometimes other colours, which will be explained in notes on the title plan or in the register. (The register also describes the land in the registered title and this description sometimes includes additional information on the extent of the property. For example, the register of a flat contains information about the floor on which the flat is situated.)

An example of a title plan is shown in Appendix A – Example of a title plan.

Can I obtain a copy of a register and/or title plan?

Yes, you can buy a copy of any register or title plan. For further information please see HMLR Public Guide 1 – A guide to the information kept and how you can obtain it. You can view and download the guide free of charge from HMLR website at www.landregistry.gov.uk or it can be obtained from Customer Support (see Contact details). The HMLR Find a property service allows you to buy copies of title plans and registers, provided the land in question is registered

How can I use the information on the title plan?

Title plans are carefully prepared using the latest Ordnance Survey map available when the land was registered. However, you cannot establish the precise position of the boundary of a property by scaling from the title plan. This is because title plans show only the ‘general’ position of boundaries, unless they are shown as having been determined as exact boundaries pursuant to section 60 of the Land Registration Act 2002. Therefore, the title plan will not show you if your boundary:

    • runs somewhere within a feature on the title plan
    • runs along one particular side of a feature
    • includes all or any part of a road or stream alongside a feature.

Also, the scale to which the title plan is drawn limits the information shown. A black line on the title plan may correspond to a wide hedge or a narrow fence. It may also represent one feature – such as a fence – or more than one – such as a fence and a hedge that are close together on the ground. A feature may be shown as a straight line on the title plan but may not be straight on the ground.

Ordnance Survey publishes details of the accuracy to which their maps are drawn. Although title plans are drawn to scale they are only a representation of what is on the ground. Because of this and the difficulty of establishing a point to start measuring from, measurements taken by scaling between features shown on the title plan may not agree with the actual distance measured between those same features on the ground. This may be the case if, for example, the property was on the side of a hill.

You also need to be aware that although Ordnance Survey regularly updates its maps, features may change between updates. For example, a building may be demolished or new extensions or fences erected, so a title plan may not show all the features as they now appear on the ground. Small buildings such as domestic sheds and greenhouses are not shown on Ordnance Survey maps.

Please visit Ordnance Survey’s website at www.ordnancesurvey.gov.uk for more information.

Can I rely on any measurements shown on my title plan?

Some title plans show measurements that were taken from the deeds, usually at the time the land was registered. Title plans will only show measurements if these were shown on plans contained in the title deeds. Although these may give some indication of the position of the boundary, they do not add any greater precision to the title plan as the title plan still only shows the general position of boundaries. Furthermore, the exact point or feature from which measurements were made may disappeared or changed, making any dimensions shown unreliable.

Can a register tell me anything about boundaries?

A register may contain information about who owns the boundaries or who is responsible for their maintenance. However, this information will only be available if the deeds sent to Land Registry at the time of registration mention this; most do not.

Even when the individual register refers to walls, fences, hedges and other boundary features, these may have changed. For example, new boundary features might have been built and the neighbours at that time might have agreed who was responsible for them. Regardless of any information in an individual register, it is best to agree with your neighbour who owns a fence, hedge or other feature before doing anything to it.

The neighbours’ register and title plan, if the property is registered, may provide information you are looking for.

Plans in deeds and documents that would have been sent to Land Registry when the property was first registered may also provide information that may help. However, these plans will usually have been considered when the property was first registered and the land registry do not normally keep all deeds and documents once registration has been completed.

Why are the exact boundaries not shown?

Every property, whether or not it is registered, has exact legal boundaries. These are lines separating the land owned by one person from that owned by a neighbour. Deeds rarely identify these legal boundaries precisely and often the owners do not know where they are. Trying to establish the exact position of the boundaries at the time of registration could involve a great deal of expense and may cause a dispute that would otherwise not have happened. For these reasons the great majority of land in England and Wales is registered with general boundaries only.

Can my boundaries be fixed more precisely?

This can be done by a procedure known as ‘determining the boundary’. To do this you must produce a very precise plan showing where the exact line of the boundary is. The plan will need to be sent to Land Registry with a completed application form (form DB) together with the appropriate fee, which is set out in the latest Land Registry Fee Order. The easiest way to find out the fee payable for determining a boundary is to use the HMLR online calculator, which can be found under Fees on the HMLR website.

To successfully determine the exact line of a boundary, you will need to make sure that the exact line of the boundary sought is consistent with the title deeds and, preferably, agree its position with your neighbour. You will also need to use a qualified surveyor to draw up a plan that meets Land Registry’s requirements.

If you apply to us to have the exact line of your boundary determined without the written agreement of your neighbour, and land registry think you have a case, land registry have to write to your neighbour to give them notice of the application and give them an opportunity to object. If your neighbour objects, land registry would strongly recommend that you try to agree the matter between yourselves.

My neighbour and I cannot agree on exactly where our boundary should be – can Land Registry decide it for us?

No, Land Registry can only go as far as showing the general position of boundaries. If you and your neighbour need more precise details, and you cannot agree between yourselves, and you still want to go ahead with determining the boundary, the dispute will need to be decided by the Adjudicator to HM Land Registry or a court judge. You would need to ask a solicitor or other legal adviser for advice about court proceedings and what options are available to you.

Your solicitor, or legal adviser, may ask you to consider the effects of any boundary dispute and of not reaching an agreement with your neighbour. These may include:

    • court proceedings which may take a long time
    • expensive costs of litigation which may be disproportionate to the value of the land
    • if the loss of the land would be detrimental to the value of the property
    • in the longer term, possible effects on the re-sale on the property.

It is always better to reach an agreement with your neighbour if possible. For more information about the adjudicator please see Land Registry Practice Guide 37 – Objections and disputes – A guide to Land Registry practice and procedures. Land Registry practice guides are aimed primarily at the legal profession rather than members of the public. Please note the adjudicator can normally only deal with a dispute arising from a Land Registry application.

I have reached an agreement with my neighbour about where our boundary should be – what should we do?

It is best to record the agreement formally. You can do this by either applying for the precise boundary to be determined or by setting your agreement down in a formal document. As with other documents that have a legal effect, you should think about getting a solicitor or other legal adviser to draw the agreement up for you.

What if I think there is a mistake on my title plan?

If you think your title plan is wrong in some way, please contact Customer Support at the Land Registry and they will look into the matter. If they do not agree that something is wrong they will tell you why. If they agree that there is a mistake, they will explain how it happened and try to put it right. Mistakes may not always be their fault, but they are responsible for making sure that the title plans are accurate.