ABSTRACT

Determining the extent of a property's boundaries is the responsibility of the buyer. Unless excluded from the contract, standard condition 4.3.1 shall apply, which provides that the seller shall not be obliged to define precisely the position or ownership of the boundaries. Provided that the boundaries were clear on first registration, ownership of the boundaries will be shown by a letter ‘T’ on the filed plan. The ‘T’ should be to the side of the boundary line of the person who owns the property. This clearly establishes ownership of the boundaries. However, the actual position of the boundaries cannot be relied upon from the filed plan. In establishing the extent of the boundary, it may prove useful to look at pre-registration title deeds and ordnance survey maps, and to use various common law rebuttable presumptions.