In response to the question I ask in the title of this article, there is nothing wrong with a certain border as such, but a simple border agreement will do the same job faster, cheaper and with fewer problems. Upon receipt of the application or other applications under Rule 17 of the 2003 Land Regulation, the Registrar must decide whether he is satisfied that: (i) the plan and oral description identify the exact line of the claimed limit; (ii) the applicant may present a contentious case in which the exact limit is in the position indicated. , and (iii) they (the Registrar) can identify all the owners of the land adjacent to the border and have an address where each owner can be informed. If this is the case, the Registrar must notify the adjacent owner (s) of the application, unless the evidence presented in the application contains a written agreement with the adjacent owner across the border or a court order determining the boundary. Panel 9 of the DB form must be completed if the adjacent owner is subject to an agreement. The Registrar must cancel the application if he is not satisfied with (i), ii) and iii). If the situation is the same, but it is assumed that there is a transfer of a small piece of land, perhaps the neighbours can simply ask for the border agreement to be put on the register again. They would rely on their ability to enforce, if necessary, the delegation obligation imposed by the border agreement. Since your request, if you have made it unilaterally, will certainly concern your neighbour, the second step of the land registry is to take into account the interests of your neighbour. Paragraph 3.3.3 of Practice Guide 40 states: “If an application is made without the consent of the adjacent owner and we believe there is a contentious case, we will disclose it. You can raise objections and the additional cost of resolving this disagreement can be very high… In cases where a land transfer is clearly established, neighbours may, instead (or under the border agreement), wish for the transfer or transfer of the land. Only then does the transfer become legally effective upon registration, even if it is only a small or trivial amount of land.
This approach may be most appropriate when there has been an argument between the neighbours and there is a desire to resolve the matter once and for all. It is almost certainly appropriate, regardless of the relationship, where the agreed limit involves the transfer of a considerable amount of land. “An agreement between [the parties to the agreement] deals with [the border concerned – z.B the south-west border] of the country in that title. The choice of professional assistance from a landowner to determine the exact limit should therefore be made by a surveyor specializing in boundary delimitation, but preferably not necessarily a chartered surveyor. Jon Maynard Boundaries is qualified and experienced to offer services in conjunction with defined limits. It will appear below that a chartered surveyor or other qualified professional must generally approve a defined border plan with a certificate.