Common Mistakes and Misunderstandings

The assumptions about title plans and boundaries that most often cause trouble.

Title plans are designed to be simple, but that simplicity can be misleading. Homeowners, buyers and even professionals sometimes read more into them than they should, or miss important details. This page runs through some of the most common mistakes people make when looking at a Land Registry title plan, and how to avoid them.

1. Assuming the fence must match the red line

One of the biggest misunderstandings is the idea that the red line on the title plan must exactly follow the fence, wall or hedge that you see on the ground. In reality, the title plan usually shows general boundaries only.

Because of the map scale and the way plans are drawn:

  • the red edging may appear slightly inside or outside a physical feature; and
  • a small shift in where the red line sits on the plan can represent a much larger distance on the ground.

If your fence does not perfectly line up with the red line on the plan, thatdoes not automatically mean the fence is in the wrong place or that land has been “stolen”. The plan is a guide, not a precise boundary survey. To work out the exact position of a disputed boundary you may need to look at old deeds, plans, how the land has been used over time, and sometimes obtain expert advice.

2. Confusing physical features with legal boundaries

It is natural to assume that the fence, wall, hedge or ditch you see is the legal boundary. Often it is, but not always. Physical features can:

  • be moved, rebuilt or replaced over time;
  • be built on one side of the legal boundary rather than along it; or
  • have been put up for convenience, not to mark the exact legal line.

The legal boundary – the invisible line that separates two pieces of land – may not sit exactly where the current fence or wall is. The title plan, especially at a small scale, will not usually be detailed enough to show this difference clearly.

When there is a disagreement, you need to look beyond the current physical features. That can include the wording and plans in old deeds, the history of how the land has been occupied, and any evidence about why a particular fence or wall was built where it is.

3. Overlooking the date of the plan

Every title plan has a date. This is the date the plan was prepared or last updated. Many people do not notice it, but it matters.

Between the date of the plan and today:

  • buildings may have been extended or demolished;
  • fences, walls and hedges may have been moved or replaced; and
  • roads, paths or neighbouring developments may have changed.

The plan is a snapshot of how things looked at the time it was made, based on the mapping available then. If the physical layout has changed since, the plan may no longer match the ground exactly. Always check the date, and be cautious about drawing firm conclusions from an old plan without considering what has changed.

4. Assuming the Land Registry resolves boundary disputes

Another common mistake is thinking that the Land Registry's job is to sort out boundary disputes and tell you who is right. In most cases, that is not how it works.

The Land Registry keeps the register and title plans, but it does not normally act as a referee between neighbours. If there is a dispute about exactly where a boundary lies, the Registry will usually expect the neighbours to:

  • discuss the issue and try to reach an agreement;
  • take legal advice or use mediation where appropriate; and
  • if necessary, ask a court or tribunal to decide the matter based on the evidence.

The Land Registry may then update the register to reflect any agreement or court decision, or in some cases consider an application to determine a boundary. But it does not usually investigate and rule on disputes by itself.

5. Forgetting about rights and easements

A title plan mainly shows the extent of the land – what land is included in the title. It does not, on its own, show you all the rights that go with that land or all the rights that others may have over it. These rights are often called easements.

Common examples include:

  • rights of way over a shared drive or path;
  • rights to run pipes, cables or drains under neighbouring land; and
  • rights to use shared parking areas, access strips or service routes shown on the plan.

Some of these rights may be referred to on the title plan using coloured hatching, lines or symbols, but the full details are usually set out in the written title register or in deeds that are referred to in the register.

If you only look at the red‑edged area on the plan and ignore the written entries, you can easily miss important rights and obligations – for example, that your neighbour has a right to use part of your driveway, or that you must keep a shared access route clear.

How to avoid these mistakes

Treat your title plan as a helpful overview, not the full story. Check the date, remember that the red line shows general boundaries, and do not assume that every fence or wall matches the exact legal line. Always read the title plan together with the written title register and any referenced deeds.

If something important turns on the exact position of a boundary or the meaning of a marking on the plan, take early advice from a property lawyer or specialist surveyor. That is usually far cheaper – in money and stress – than letting a misunderstanding grow into a full boundary dispute.