Ordnance Survey: Boundary dispute information

Overview of Land Registration.

England and Wales operates a 'general boundaries' system of land registration.

“General boundaries” define the extent of a parcel of land by referring to the physical features that surround the land, but where the features may not define the precise position of the legal boundary. The physical boundary might be a brick wall, but whether the legal boundary follows the centre, a face of the wall, or lies at a small distance from the wall may not be recorded. If it is, this will be stated within the Title Deeds of the property, and it may include a description of the relationship between the physical and legal boundaries.

This means that Land Registryis not responsible for defining legal property boundaries and is unable to say (except in a very few cases) precisely where the boundaries of a property lie.

The red edging on a Land Registry title plan is therefore not definitive. For this reason official copies of title plans carry the following warning.

This title plan shows the general position of the boundaries: it does not show the exact line of the boundaries. Measurements scaled from this plan may not match measurements between the same points on the ground.

This is a clear statement that Land Registry is unable to tell you precisely where a property boundary is located.

Ordnance Survey’s role

Ordnance Survey is the national mapping agency of Great Britain. It is the government department responsible for the official, definitive surveying and topographic mapping of Great Britain.

As Ordnance Survey maps are topographic maps, they only show the physical features on the ground at the time of survey. The features shown must fall within our specification for the survey scale and within our published accuracy tolerances.

Ordnance Survey maps do not show legal property boundaries, nor do they give ownership to physical features. Although some property boundaries may be coincident with surveyed map features, no assumptions should be made in these instances and consequently it is not possible to be sure of the precise position of a legal property boundary from an Ordnance Survey map.

As part of the Land Registration process, Land Registry uses Ordnance Survey mapping to provide an indication of where a property’s boundaries are located, such as defined in the property’s Title Deeds.

For example; if no physical feature (a wall, fence, etc) exists on the ground to separate two gardens, nothing will be shown on Ordnance Survey mapping. However, in order for the legal boundary to be represented on a Title Plan, Land Registry will draw an indication of the extent of the property with a red line/box.

A red line on a title plan drawn by Land Registry does not mean that a dividing feature exists on the ground. Similarly the absence of a dividing feature on the Ordnance Survey mapping does not mean that information is missing from the Ordnance Survey map or that the line has been drawn onto the Title Plan in error. Ordnance Survey and Land Registry use the mapping for very different purposes.

For further information about Land Registry title plans, please see Land Registry's Public Guide 19.

Ordnance Survey has continuous mapping revision programme for the whole of Great Britain. Changes that have occurred on the ground since the property was registered may result in differences between later Ordnance Survey map editions and the mapping used by Land Registry for the Title Plan.

For more information on boundary disputes and what to do if you are involved in one, please see our Frequently Asked Questions (FAQs) below:

FAQs

Can an Ordnance Survey map tell me where my legal boundary is?
Does a Land Registry plan show my exact legal boundary?
Can I measure my legal boundary precisely from the map?
What feature does the line on the map represent?
There is a fence and a wall next to each other and only one line is shown on the map, why is this?
The mapping in my title deeds is incorrect, what do I do?
Ordnance Survey’s mapping of my property is incorrect, can I arrange for a surveyor to come out and amend the mapping?
My property/land is unregistered, what do I do?
I feel that a feature is incorrectly shown on your mapping; can you tell me why it is represented this way?
I require an Expert Witness to comment on the mapping, does Ordnance Survey offer this service?
What does the Royal Institution of Chartered Surveyors (RICS) do?

1. Can an Ordnance Survey map tell me where my legal boundary is?

No. Ordnance Survey mapping does not depict legal property boundaries nor do we attempt to show property ownership on our mapping.

We only show the existence of physical features on the ground at the time of survey, which are surveyed to Ordnance Survey specification and published accuracy standards. Although some property boundaries may be coincident with surveyed map features, no assumptions should be made in these instances.

Physical features on the ground change over time, and for this reason, Ordnance Survey has a continuous mapping revision programme. In the event that there are changes to the physical features on the ground, this may involve our surveyors visiting your property so that the mapping can be updated and amended. However, such revision will not affect legal land ownership and title deeds of a property and a registered title will not change unless authorised by Land Registry.

2. Does a Land Registry plan show my exact legal boundary?

The title plan will not establish precisely where or on which side of a mapped physical feature the legal boundary lies. A Title Plan with “general boundaries” shows the boundary of a property in relation to a physical feature on the ground such as a wall or hedge as identified on the Ordnance Survey map. Your title plan will not therefore establish the precise position of your legal boundary.

For this reason, official copies of title plans carry the following warning:

3. Can I measure my legal boundary precisely from the map?

You should not rely on the Title Plan to scale any measurements that might be stated in your Title Deeds. Paper maps (particularly copy maps included in deeds) can be subject to distortions and inaccuracies, as any copying processes (such as photocopying) can lead to the distortions in the map image.

For further information about Land Registry title plans, please see Public Guide 19 and Practice Guide 40

4. What feature does the line on the map represent?

Ordnance Survey maps use the same line symbol for a wall, fence, hedge, bank, ditch and stream. If there are several features in close proximity it may not be possible to represent them all at the scale of the mapping and it may not be obvious from the map which feature the line represents.

Even if a correct interpretation of the map can be made, the general boundaries rule means that the line on the map may not be the legal boundary. It is the position of the actual feature on the ground, not the position of the line on the map that is important in attempting to trace the position of the boundary.

Accurate analysis of the map can usually only be achieved by taking the map onto the site and comparing it with the features on the ground. This can help decide what has been shown, what has been omitted for the sake of clarity or because the map scale does not allow multiple features in close proximity to be shown.

5. There is a fence and a wall next to each other and only one line is shown on the map, why is this?

Where a fence, hedge or wall runs approximately parallel to another feature and so close that they cannot both be plotted correctly at the scale of survey, then only one feature is shown. Please see page 110 of the Ordnance Survey’s OS MasterMap Topographic layer User Guide;

6. The mapping in my title is incorrect, what do I do?

If you feel that mapping of your registered title is incorrect, we recommend that you contact Land Registry at the earliest stage to establish if they can assist. Please also refer to Land Registry's Public Guide 19.

7. Ordnance Survey’s mapping of my property is incorrect, can I arrange for a surveyor to come out and amend the mapping?

Ordnance Survey welcomes all customer feedback about the content and accuracy of our mapping. We understand that sometimes there may be a delay between changes taking place on the ground and the time when we are able to capture them. We have a continuous mapping revision programme, and issues with the content or accuracy of our mapping that fall within our specification, will normally be investigated at the next revision of the mapping for the area.

However, should you feel that these changes/amendments may affect your title plan; you need to contact Land Registry at the earliest opportunity.

8. How do I find out if my property is registered?

Land Registry keeps a computerisedmap 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. You can visit www.landregisteronline.gov.uk to view a copy of the details of a registered title. For more information please see Land Registry’s Public Guide 1 “A guide to the information we keep and how you can obtain it”.

The aim of registering title is to provide a safe, simple and economic system of transferring land. Land Registry’s Public Guide 8 explains the general characteristics and advantages of the system. Land Registry's Public Guide 13 “Applications for first registration made by the owner in person” explains how to apply to register the title to freehold or leasehold land that is not already registered and is aimed at members of the public. These public guides can be viewed or downloaded from Land Registry’s website at www.landregistry.gov.uk

9. I feel that a feature is incorrectly shown on your mapping; can you tell me why it is represented this way?

Ordnance Survey does not keep records or surveyors’ notes. The map becomes the only record kept. We are unable to comment on the detail of specific features shown on the mapping or provide reasons for why or how a feature is shown on the map.

10. I require an Expert Witness to comment on the mapping, does Ordnance Survey offer this service?

Ordnance Survey is unable to become involved in boundary disputes. If you need an expert to prepare evidence, the Royal Institution of Chartered Surveyors (RICS) website (see below) provides a searchable database of Land Surveyors who can act as Expert Witnesses and prepare evidence for court.

11. What does the Royal Institution of Chartered Surveyors (RICS) do?

Its members are professionally qualified surveyors. RICS includes members who have considerable experience in advising on property disputes. The RICS Dispute Resolution Service (DRS) is the world's largest provider of alternative dispute resolution services. It offers a complete range of methods for resolving disputes including:

arbitration;
expert determination;
mediation;
adjudication; and
Expert witness.

For their contact details, please visit their website at www.rics.org/contactus.html for more information.