Clapham v Narga [2024] Boundary Dispute

We have reviewed the recent court of Appeal decision in Clapham v Narga [2024] EWCA Civ 1388, which highlights again for the industry the importance of accurate boundary surveys when considering property/land boundaries. The case originated as a result of a rural purchaser noticing that their neighbour was encroaching on their land. The encroachment appeared to be by error with no malicious intent, as a result of the neighbouring owner acting on information obtained from Land Registry and Ordnance Survey.

Land Registry publicly and openly acknowledge their limitation on the level of accuracy on their plans, which is usually based on a 1:1250 scaled maps. Their redline maps of title are not intended to provide definitive boundary details.  This is well known via the General Boundaries rule.  While the level or generic guidance Land Registry provides as to properties boundaries is suitable for most property/land owners, it does not always provide the required level of accuracy/information required to resolve boundary disputes.

Our in-house specialist measured survey team have over 35 years’ experience in boundary disputes and are fully equipped with latest state of the art equipment to accurately measure to within +/- 5mm of all visible features and undertake overlay exercises with all sources of evidence which could help locate a true boundary location.  Our boundary analysis’ provide properly informed and reasoned advice on boundaries with a view to helping Clients avoid costly litigation where possible. We believe that having the most accurate information possible with regard to boundaries is imperative in order to avoid and/or resolve disputes privately without having to go to court. If the matter is required to go before a judge then it is even more imperative to have accurate information.

For further information on boundary determination, our very own Rob French has written an article, which was published in the Estates Gazette. You can read this article on our website HERE.

If you have any questions or concerns about your own boundary, please contact our in-house experts Rob French, Ashley Patience and Brian Bevis.