The Land Registry plays a vital role in recording ownership of land and property in England and Wales. While the register is intended to provide certainty, disputes can still arise. Errors in the register, disagreements over boundaries or competing claims to ownership can all lead to a registry dispute that requires legal advice.
At AFG Law, our Dispute Resolution team regularly advises homeowners, landlords, businesses and developers on property disputes. Early legal advice can often help resolve issues before they become lengthy and expensive.
What is a Land Registry Dispute?
A Land Registry dispute is any disagreement relating to information recorded at HM Land Registry or an application made to update the register.
These disputes can arise for many reasons, including:
- Boundary disputes
- Ownership disagreements
- Errors on the register
- Rights of way
- Restrictive covenants
- Adverse possession claims
- Disputes over easements
Not every disagreement requires court proceedings, but it is important to address issues promptly before they affect the sale, purchase or development of a property.
Boundary Disputes
One of the most common types of Land Registry dispute involves property boundaries. A registered title plan shows the general position of a property’s boundaries but does not usually identify the exact legal boundary. As a result, neighbours may disagree over fences, walls, hedges or strips of land.
Resolving boundary disputes often involves reviewing:
- Title deeds
- The registered title plan
- Historical conveyances
- Photographs
- Surveyors’ reports
- Physical features on the ground
In some cases, an expert surveyor may be instructed to provide evidence about the position of the legal boundary.
Errors on the Register
Although the land registration system is highly reliable, mistakes can occasionally occur.
Examples include:
- Incorrect ownership details.
- Missing rights of way.
- Registration errors.
- Incorrect property plans.
- Administrative mistakes.
Depending on the circumstances, it may be possible to apply for the register to be corrected or rectified.
Disputes Over Ownership
Ownership disputes can arise where two or more parties claim an interest in the same property.
This may occur following:
- Family disputes
- Property transfers
- Trust arrangements
- Inheritance matters
- Fraudulent transactions
Resolving these cases often requires careful examination of the legal documents together with the parties’ intentions and conduct.
Can Land Registry Disputes Be Resolved Without Court?
Yes, many disputes can be resolved through negotiation before formal legal proceedings become necessary.
Alternative dispute resolution methods, including mediation, can often help neighbours and property owners reach practical solutions while preserving relationships and avoiding the expense of litigation.
Where agreement cannot be reached, the matter may need to be referred to the First-tier Tribunal (Property Chamber) or, in some cases, the courts.
Why Early Legal Advice Is Important
Property disputes rarely resolve themselves. Delaying action can make matters more complicated, particularly where a property is being sold or refinanced.
Obtaining legal advice at an early stage allows your solicitor to review the available evidence, assess the strength of your position and identify the most appropriate way forward. Early intervention can also help avoid unnecessary legal costs and minimise disruption.
How AFG Law Can Help
At AFG Law, our experienced Dispute Resolution team advises clients on a wide range of Land Registry disputes.
We can assist with:
- Boundary disputes
- Errors in land registration
- Ownership disputes
- Rights of way and easement disputes
- Adverse possession claims
- Negotiation and mediation
- Tribunal and court proceedings where required
Whether your registry dispute concerns the position of a boundary, an ownership issue or an error in the register, we can provide clear, practical advice to help protect your property interests and work towards an effective resolution.