Boundary Responsibility Clarity

[spicychicken]

A few years ago, my RHS boundary fence got damaged in the wind. The landlord of the neighbouring property was difficult to get hold of, and I had a new puppy - so I took it upon me to get the whole fence replaced as the old one was in poor condition and offered no privacy.

I only have the title register and title plan, which makes no reference to boundary responsibilities. The neighbour has now produced a document from the 1930s when the house was built, which clearly shows T-marks showing I am responsible for our boundary.

I have no major issue with this other than to understand if there are more detailed documents I should obtain from HMLR which would help reconcile with this information. But if I don't know what documents HMLR hold, how can I complete the OC2 form to request it?

My understanding is that unless the register/plan make specific reference to T-marks, they are not legally enforceable

Any insight welcomed.

[EnglandPi]

Boundaries in general can be a major problem. In years gone by title deeds were parchment or paper and everything was kept in a file, (one file for each property).

Some years ago, it was decided that the deeds could be put on microfilm which would save space and be less of a fire risk than paper. In the computer age, most records have now been digitised and although paper deeds still exist, many of the files are incomplete or missing.

The land registry will send you everything they have but sadly that is not necessarily everything there once was.

Boundaries are normally shown as a red line but when the records were put on monochrome microfilm many red lines disappeared. And there was never any actual measurement between boundaries.

The only way these days to define a boundary is to have the property surveyed.

[Jessa2068]

The register and plan very rarely make direct reference to boundary responsibilities. These are usually contained within the first Transfer/Conveyance of the land from the developer to the new owners. This deed will be referenced within your title register. I presume your register also makes reference to the 1930s deed your neighbour produced. Boundary responsibilities will be defined by an inward “T” on the plan attached to that document. That’s the one you’ll need to request for your OC2 - you’ll find the exact date on your title register.