Boundary Agreements and Conclusive Boundary Agreements
The boundaries of a registered holding of land are not guaranteed. Therefore, whenever a query about a boundary arises, the first step should be to inspect the document which created the boundary. Minor boundary amendments, which involve only a few square metres, can be dealt with by way of a simple rectifying deed (see Precedent 1.G) provided that both folios have the same class of title. However, if the folios have different classes of title, it will be necessary to apply for reclassification or to proceed by way of a deed of exchange or a transfer deed. More substantial amendments, and amendments involving the granting of easements, should also be dealt with by a deed of exchange or by a transfer. An application for the amendment of a boundary may contain a request under Rule 144 that the boundary be noted as conclusive. Such a request may also be made where no alteration to the boundary is required. In each of these situations the consent of all interested parties is necessary and the Land Certificates of all relevant folios should be lodged.
NOTE: Maps should be signed by all parties in any Boundary Agreement or MD1.
PRECEDENT 1.G
APPLICATION FOR RECTIFICATION OF BOUNDARIES
LAND REGISTRY
Folio: 1234
County:
Registered Owner: AB Registered Owner of Charge: EF
Folio: 5678 County:
Registered Owner: CD Registered Owner of Charge: GH
We, AB and CD the above-named registered owners hereby agree and declare that the boundaries between the lands in the above folios are shown by a red line and lettered WXYZ on the map attached hereto. We EF and GH the above-named registered owners of charges hereby consent to the rectification of the said boundaries. The parties hereto hereby request that the Registrar amend the boundaries between folio 1234 and folio 5678 accordingly.
Dated:
(To be executed by all parties and attested)