Boundary disputes in new-build homes can be deeply frustrating and technically challenging, often leaving homeowners feeling powerless when plans, deeds, and physical boundaries don’t align.

This is where Caira steps in: she can instantly review your title plans, deeds, floor plans, and even photos of fences or garden boundaries, helping you spot discrepancies and gather persuasive evidence. Whether you’re facing an incorrectly placed fence, missing boundary markers, or unclear developer promises, Caira provides clear, practical guidance—empowering you to exercise your rights, protect your property, and confidently resolve disputes with developers or neighbours. Start a chatting to her now. Free trial, no credit card required: https://caira.unwildered.co.uk

1. Understanding Boundaries: Legal and Practical Foundations

General Boundaries Rule

Most registered titles in England and Wales show only “general boundaries” under section 60(1) of the Land Registration Act 2002. This means the red line on your Land Registry title plan is indicative, not definitive. There is no standard tolerance or measurement that fixes the legal boundary to the line on the plan. As clarified in Drake v Fripp [2011] EWCA Civ 1279, the general boundaries rule can encompass significant areas of land, and the precise legal boundary may differ from what is shown on the plan.

Determining the Legal Boundary

The position of the legal boundary depends on the terms of the original conveyance and its plan. If the plan is unclear, courts may refer to extrinsic evidence, especially physical features present at the time of the conveyance (Cameron v Boggiano [2012] EWCA Civ 157). Subjective intentions or beliefs of the parties are irrelevant; the test is what a reasonable layperson would think they were buying.

Boundary Agreements and Determined Boundaries

Where precision is required, owners can enter into a boundary agreement or apply for a determined boundary at HM Land Registry. Both options usually require the agreement of adjoining owners. Determined boundaries fix the position legally but are rarely used due to cost and complexity.

2. Common Boundary Problems in New-Builds

Incorrectly Placed Fences and Boundaries

A frequent issue is fences or walls not matching the position shown on deeds or plans, resulting in loss of garden space or encroachment. Developers may rely on the “general outline” disclaimer on plans to deny responsibility, but this is not always legally valid if the marketing or contract documents were misleading.

Discrepancies Between Plans and Reality

Development plans may differ from the final build. If the plan is labelled “for identification only,” it is not conclusive. However, if physical features (e.g., fences, hedges) existed at the time of conveyance and are referenced in the deeds, they may help fix the boundary.

Verbal vs. Written Agreements

Verbal assurances by sales staff about boundaries are not legally binding unless incorporated into the contract. Only written agreements or clear contractual terms will be enforceable.

Unfinished Boundary Treatments

Some properties are sold with incomplete boundary markers. If the developer fails to install promised features, this may be a breach of contract or misrepresentation.

Issues with Adjoining Land

Problems can arise where the land adjoining the property is at a different level, or where foundations or hardcore encroach. These may require technical surveys and could involve the Party Wall etc. Act 1996 if shared structures are affected.

3. Gathering Evidence and Technical Analysis

• Title Plans and Deeds: Obtain copies of your registered title, title plan, and any pre-registration conveyances. Mark discrepancies between the plan and physical features.
  
  

• Physical Survey: Commission a topographical survey to overlay the title plan onto the actual site. This is especially useful where boundaries are unclear or disputed.
  
  

• Photographic Record: Take dated photos of all boundary features, including fences, walls, hedges, and markers.
  
  

• Correspondence Log: Keep a detailed log of all communications with the developer, warranty provider, and neighbours.

4. Legal Remedies and Resolution Pathways

Formal Complaint to Developer

Submit a written complaint with all supporting evidence. Reference the Consumer Code for Home Builders and the New Homes Quality Code, which require developers to resolve boundary issues and provide clear information.

Independent Dispute Resolution

If the developer fails to act, escalate to an independent dispute resolution scheme (e.g., Consumer Code adjudication). Adjudicators can order remedial work or compensation.

Legal Action

If necessary, consider legal action for breach of contract, misrepresentation, or under the Defective Premises Act 1972. You may also have a claim against your conveyancer for negligence if they failed to identify boundary discrepancies.

Party Wall etc. Act 1996

If the boundary is a party structure, any work requires notice to the adjoining owner. Failure to comply can result in the work being dismantled.

Home Insurance

Check if your policy includes legal expenses cover for boundary disputes.

5. Case Law and Technical Precedents

• Clapham v Narga [2023] Ch 2023 BHM 000008: The court reaffirmed that the general boundaries rule under the Land Registration Act 2002 means the red line on a title plan is indicative, not definitive. The precise extent of a registered estate must be determined by looking “underneath” the register, including historic physical features and prior adverse possession.

• Cameron v Boggiano [2012] EWCA Civ 157: Courts rely on the original conveyance and physical features, not subjective intentions.

• Drake v Fripp [2011] EWCA Civ 1279: The general boundaries rule can cover substantial areas; the title plan is not definitive.

• Pennock v Hodgson [2010] EWCA Civ 873: Construction of the conveyance is key; plans “for identification only” are not conclusive.

6. Practical Tips for Homeowners

• Always request copies of all plans and deeds before completion.

• If you notice a discrepancy, raise it immediately and in writing.

• Do not rely on verbal assurances; insist on written confirmation.

• Consider a boundary agreement with neighbours if the issue is minor and both parties are amenable.

For significant disputes, gather technical evidence and seek expert advice.

Disclaimer:
This article is for general information purposes only and does not constitute legal advice. While every effort has been made to ensure accuracy, property law and boundary disputes can be highly fact-specific and subject to change. Readers should not rely solely on this content when making decisions about their own situation. For guidance on your particular circumstances, carefully review your documents and consider seeking further information before taking action.