Boundary disputes are one of the most common — and most expensive — issues that can derail a property transaction. They surface in three places during conveyancing: the seller's TA6 Property Information Form, the title plan from HM Land Registry, and (sometimes most awkwardly) at the buyer's first physical inspection of the property. Knowing how to handle boundary disputes in conveyancing means knowing when to investigate, when to negotiate, when to insure, and when to walk away.
If you are buying or selling in Marlow, Maidenhead, or across Berkshire and Buckinghamshire and have spotted a possible boundary issue, our team at J Scott & Co Solicitors handles these matters as part of our fixed-fee service. Get an instant quote.
How boundary issues surface in conveyancing
1. The seller discloses on the TA6 form
The TA6 Property Information Form has specific questions about boundaries: whether any neighbours' boundaries have moved within the last few years, whether the seller has ever had a dispute with a neighbour about the boundary or any other matter, and whether the seller is aware of any pending dispute.
If the seller answers yes to any of these, your conveyancer will raise enquiries to understand the specifics. Crucially, the seller has a legal duty of disclosure — failure to disclose a known dispute can be misrepresentation, giving the buyer grounds for damages after completion.
2. The title plan reveals an inconsistency
HM Land Registry's title plan shows the general (not precise) position of the property's boundaries. When compared with what is physically on the ground — fences, walls, garden features — small inconsistencies are common and usually harmless. Large inconsistencies need investigation.
Your solicitor will compare the title plan with any seller-provided plans, the estate agent's plan, and ideally an aerial photograph. If a fence is 3 metres inside what the title plan shows as the property's edge, somebody has been using land that legally belongs to a neighbour (or vice versa).
3. The buyer's inspection or survey raises it
Sometimes the buyer or the buyer's surveyor notices something the seller has not flagged: a fence that does not match a hedge line, a driveway that crosses what looks like a neighbour's land, an extension that appears too close to a boundary. The buyer's solicitor then raises an enquiry with the seller's side.
The role of HM Land Registry's title plan
A common misunderstanding: the title plan is not a precise boundary map. Land Registry plans show "general boundaries" only — typically based on the Ordnance Survey, not a measured survey of your specific property. They do not establish whether a fence sits 5cm or 50cm one side or the other.
For precise boundary disputes you need a "determined boundary" application to HM Land Registry (rare, expensive, requires neighbour agreement), a measured survey by a Chartered Land Surveyor, the original deeds showing the precise dimensions, and historical photographs showing the position of features over time.
Most boundary disputes are resolved by negotiation and a written boundary agreement signed by both owners, rather than by formal "determined boundary" applications.
The four routes to resolution
- Boundary agreement — a short written agreement between the two owners confirming where the boundary lies. Cheap, fast, effective.
- Indemnity insurance — a one-off premium policy that covers any future loss arising from the issue. Common where the dispute is historical and dormant.
- Determined boundary application — formal Land Registry process to fix the boundary precisely. Slow and expensive but definitive.
- Walk away — if the dispute is active, the seller will not engage, and the lender will not lend, withdrawing is often the right answer.
Why local expertise matters
Marlow's mix of older properties, conservation area boundaries, and Thames-frontage land brings boundary issues to the surface more often than newer estate developments. Many central Marlow properties were built before modern surveying, with deeds that reference physical features (a tree, a wall) that no longer exist. A conveyancer who deals with this regularly will spot the issue early and propose the proportionate solution.
If you are buying or selling in Marlow, see our Marlow conveyancing page for service details. We also act for clients across Maidenhead, Beaconsfield, and Windsor.
Get fixed-fee conveyancing advice
If you are buying or selling in Marlow, Maidenhead, or across Berkshire and have identified a possible boundary issue, our team can advise on the appropriate handling. Get an Instant Quote or call 01628 777233.
