08 Апр Boundary Agreement Document
Where there is uncertainty about the exact line of a border, neighbouring owners can agree on where they think the border is. Your consent can be recorded in a memorandum and a detailed plan or drawing can be attached to it. No part of the property is actually transferred or transferred to either party, they simply accept where the limit should be and record their consent in the form of a memorandum. If both sides agree on the location of the borders and do not ask for a formal agreement, an informal border agreement can be signed by both sides in the form of a detailed memorandum and informal plan. The land registry can then indicate this in the respective securities registers. However, this obligation is not legally binding. 7. Neilson/Poole  20 P — CR 909 is the pioneering case that has been applied and extended several times by the higher courts over the years. The parties had agreed orally and had established a boundary between their two gardens. The agreement was respected and the border was called adopted. Megarry J said on S.918: If the memorandum matches the available evidence (the land registry documents), this will be acceptable to the land registry, which is normally willing to note the memorandum in the respective title registers. This article is the third in a four-part series on ownership limits and discusses the different types of border agreements, i.e.
formal and informal agreements. The article explains the difference between the two and provides a model for an informal limitation agreement. The articles in this series will help you understand all aspects of Boundary Disputes in England and Wales. Articles 1 to 4 can be read by selecting the registration card of the pages above the title of this page. You and your neighbour can enter into a «border agreement» for registration: in the case of Yeates and another -v-Line and another, the Court of Appeal ruled that an informal border agreement should not comply with the provisions of the Property Act (Various Provisions) of 1989, which meant that the memorandum should not be established as an act of execution or in the form of a contract. There are no formal requirements for its preparation and therefore there is no need to use the services of a surveyor. However, the memo and plan should be as clear and accurate as possible. Borders can be set by an agreement between two or more neighbouring owners if their boundaries are not clearly defined or have been lost or confused. In general, such an agreement is not mandatory in writing, much less by deeds; Because if it is done fairly, we will assume that there was no alienation of the country, but that the limits set were the real and old borders. Even where a piece of transportation is likely to give an adjacent owner a disputed strip of land, the construction of a fence or wall by that owner, which leaves the disputed band accessible only to the other adjacent owner, may be evidence of an explicit or tacit agreement that the boundary must be represented by that fence or wall.
Moreover, border regulation is a mutual consideration sufficient to support a treaty that has not been adopted by a decision, even if the country is not said. [Quotes are omitted] You cannot use a border agreement to sell or give part of your country to your neighbour.