Boundary Issues in Conveyancing Transactions - Risk Indicators & Practical Considerations (Freehold & Leasehold)

Introduction

Boundary disputes are commonly associated with litigation, but many boundary problems arise during conveyancing transactions.

The role of the conveyancer is not to determine the exact legal boundary or resolve neighbour disputes. However, conveyancers should understand the relationship between title plans, deeds and physical features, while also being able to recognise warning signs that may indicate boundary uncertainty or potential future disputes.

This virtual classroom seminar focuses on boundary issues that arise during conveyancing, including discrepancies between plans and physical features, uncertainties of demise and common parts in leases and situations where land may appear to fall within another title.

The aim is to help practitioners identify risk factors, understand the limitations of title plans and advise clients appropriately before exchange of contracts.

This session is not a boundary litigation course and will not focus on resolving disputes through court proceedings.

What You Will Learn

This live and interactive course will cover the following:

• Title Plans versus Deed Plans
• The purpose and limitations of Land Registry title plans
• Differences between title plans and original conveyance plans
• Issues arising with unregistered titles and historic plans
• Legal Boundaries vs Physical Boundaries
• Why physical boundary features do not necessarily define legal boundaries
• Missing, altered or irregular boundary features
• Boundary Issues in Leasehold Properties
• Unclear demarcation between flats and common parts
• Roof spaces, balconies and terraces
• Errors or ambiguities in lease plans
• Red Flags and Risk Indicators for Conveyancers
• Discrepancies between deeds, plans and physical occupation
• Land appearing to fall within a neighbouring title
• Missing or unclear boundary features
• Key Legal Principles
• How courts interpret conflicting boundary evidence
• The relationship between plans, written descriptions and physical features
• Practical lessons from boundary case law
• Advising Clients During a Transaction
• Communicating boundary uncertainty to clients
• Practical limitations of conveyancing investigations

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.