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Boundary and deeds

FOI14557(3) - Request for information

Request

Thank you for your email of 20 September 2016, requesting the following information in accordance with the Freedom of Information Act (FOIA) 2000:

I've studied the OS mapping that you supplied and I'd like to know why the left hand boundary of XXX XXXX / XXXXXX Cottage was changed,

NB This is NOT the right XXXX/ XXXXXXXXXXX joint boundary, which was legally converted to a dog-leg shape, with agreement of property owners, is correct on OS mapping and has seemingly confused matters.

From the mapping it seems that the left hand boundary was changed at the time that the right hand boundary was legally changed. But I have no referenced dates on the mapping, so it is hard to tell.

I would like to know why the left hand boundary - after this change - no longer follows the trajectory angle boundary line of the deeds, as on previous OS mapping. Or meets the opposite building in the same place as on the previous mapping (which is the same point as on the deeds).

You will note that the original OS maps have no pond as a marker. The points that exist on the deeds are the opposite neighbour's garden ending and building (XXX XXXXXXX).

  • [a] Therefore I would like to read why the left hand boundary was moved.
  • [b] And any file data correspondence between the Land Registry and OS on this boundary line.

Our response

[a] I can confirm that Ordnance Survey does not hold this information because Ordnance Survey does not depict or change boundary lines.

However, under our duty to provide advice and assistance as stipulated in Section 16 of the FOIA, we can provide the following explanation which may assist you in this matter.

Ordnance Survey maps do not depict legal property boundaries. We only map the existence of physical features on the ground at the time of survey, which are within our specification and published tolerances. This mapping is then copied by Land Registry who add their own additional information or annotation to explain the extent of a legal property boundary and property ownership.

In the case of the mapping sent to you under FOI14457(2), the ‘left hand boundary’ to which you refer depicts a fence line which appears correct to our current specification. All changes made to Ordnance Survey data depict changes made to physical features evident at the time of the survey. These physical features will not necessarily correspond to the boundaries shown on a Title Deed.

[b] I can confirm that Ordnance Survey does not hold this information as Ordnance Survey does not correspond with Land Registry over changes made to our data; Ordnance Survey supplies Land Registry with data as changes are made.

For more information on how we work with Land Registry, please read our joint statement regarding property boundaries.

Internal review

Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our FOI Internal Review Officer, by contacting them as follows:

FOI Internal Review Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
Southampton
SO16 0AS

Email: foi@os.uk

Please include the reference number above. You may request an internal review where you believe Ordnance Survey has:

  • Failed to respond to your request within the time limits (normally 20 working days)
  • Failed to tell you whether or not we hold the information
  • Failed to provide the information you have requested
  • Failed to explain the reasons for refusing a request
  • Failed to correctly apply an exemption or exception

The FOI Internal Review Officer will not have been involved in the original decision. They will conduct an independent internal review and will inform you of the outcome of the review normally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissioner’s guidance.

The FOI Internal Review Officer will either: uphold the original decision, provide an additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.

Appeal to Information Commissioner's Office (ICO)
If, following the outcome of the internal review you remain unhappy with our response, you may raise an appeal with the Information Commissioner’s Office at:

The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: mail@ico.gsi.gov.uk

Telephone helpline: 0303 12 1113 or 01625 545745 for advice, Monday to Friday.

Thank you for your enquiry.

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