Boundary Problem - Solved by Implied Boundaries

Solving Boundary Problems - Implied Boundaries

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Article Summary

Boundary positions can be assumed where evidence in the property documents implies their positioning. In this example a Boundary Search obtained by A contained a Conveyancing Deed and Deed Plan created when the property was first purchased. The Deed created an easement to enter B's adjoining land for the purpose of laying pipes. It was shown on the plan as being on X's land very close to the suspected property border. By implication the boundary could not have been on A's land as otherwise there would have been no need to create the easement.

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The Problem

A and B owned properties that were next door to each other. A dispute arose as to where the boundary lay between them. There was no obvious boundary determinable on an inspection, and the Title Registers and Title Plans provided no help. A applied for a Boundary Search.

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Boundary Search

Amongst the documents contained within the search was a Conveyancing Deed that contained an Easement in A's favour, i.e. it granted A the right to enter B's land for the purpose of laying pipes along a line that was clearly marked on a Deed Plan attached to the Deed. The line was shown as being on B's land, close to the suspected boundary.

Boundary Search

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Extract from the Deed

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Solution

By implication, this line must have been on B's land, otherwise A would not require an easement to enter B's land. Although the exact line of the boundary was not determinable, it was sufficient for A and B to know that the boundary was on A's side of the marked line.