Once the agreement and plan have been signed by each party, it can be transmitted to the cadastre, with an application for registration in the coverage registers. The agreement will not be legally binding, but it is convincing evidence that would be difficult to reverse. The first step is to identify the exact line of the new border in the same way that the exact line of the legal border should be identified when a given border application is submitted. In particular, a plan must be put in place to show the new limit with the necessary accuracy for a given limit application. See the preliminary phase. If the position is the same, but it is assumed that it is a transfer of a small piece of land, the neighbours might just want to ask for the border agreement to be entered in the register. They would rely on their ability to enforce, if necessary, the delegation obligation created by the border agreement. The limit resulting from such an agreement does not correspond to the initial carriage. It is therefore inappropriate to use an agreed limit as a means of achieving such a land transaction requiring a transfer or a transfer instrument. The land registry would reject an application to register such a transaction as a border agreement. At the request of the registration of transfers, neighbours may request the declarant to exercise his power in accordance with Rule 122 of the 2003 Land Code in order to set the limit between their respective titles. The application can be submitted in Table 12 of form TP1 or in a cover letter.
There are no fees to be paid, with the exception of the corresponding fee for the registration of transfers. If it is only a transfer, the application should be submitted by the buyer. It would be useful for both parties and all witnesses to sign and date the plan annexed to the agreement. In general, the more useful the quality of the plan – and in particular the more it abandons the position of the legal limit – will be for the parties and their beneficiaries. You can therefore ensure that the plan complies with the guidelines in practice Guide 40 Supplement 2: Guide to the preparation of plans for HM cadastre applications. But there will be cases where special circumstances will mean that a more fundamental plan will suffice. This publication is available in www.gov.uk/government/publications/boundary-agreements-and-determined-boundaries/practice-guide-40-land-registry-plans-supplement-4-boundary-agreements-and-determined-boundaries It is up to legal advisers to advise their clients, in the particular circumstances, to advise them on whether or not a border agreement is suitable for them, (ii) in the form of the agreement and (iii) whether or not they apply for registration in the register. However, the following comments can help. You can request a certain limit from the HM Cadastre. However, before doing so, you must have agreed on the exact position of the borders with your neighbour and your neighbour must approve the application. The cadastre will detail in the register the limit situation set. The parties agree that the legal boundary between the country, within their respective registered titles, which runs from the point marked “A” to the point “B” on the annexed plan, as shown by the red line between these points.
Neighbours may want their common border to be in a certain position, for example to allow easy access to vehicles or to build an extension. This may be a different position from where the legal boundary lies. It is more likely that it is not known whether the new border is in a different position from the legal boundary: often neighbors have different views on the exact position of the legal boundary, and both could be reasonable. . . .