Legal Definitions - rectification of boundaries

Rectification of Boundaries refers to a legal process undertaken to clarify or correct the official dividing line between two adjacent properties.

This action is typically initiated when there is uncertainty, disagreement, or an error regarding where one piece of land ends and another begins. The goal is to establish an accurate and legally recognized boundary, often by reviewing historical deeds, surveys, and physical markers, and then formally adjusting the property records if necessary.

Here are some examples illustrating when rectification of boundaries might be necessary:

• Discrepancy Between Deed and Physical Features: Imagine two homeowners, Mr. Henderson and Ms. Patel, who discover that the old wooden fence separating their backyards, which has stood for 40 years, does not align with the property line described in their respective deeds. Mr. Henderson's deed indicates his property extends three feet beyond the fence into what Ms. Patel has always considered her garden. To resolve this ambiguity and legally establish the correct boundary, either party might initiate a rectification of boundaries action to have a court or land registry officially determine and record the true dividing line.

• Errors in Survey or Subdivision: A land developer subdivides a large parcel into several residential lots. Years later, a new owner of one lot commissions an updated survey for a construction project. This new survey reveals that due to a minor error in the original subdivision survey, the recorded boundary between their lot and their neighbor's lot slightly overlaps, or leaves a small, unowned strip of land between them. A rectification of boundaries would be pursued to correct the official land records, ensuring each property has a clear, non-overlapping, and continuous boundary.

• Ambiguous Historical Descriptions: Two rural landowners, the Miller family and the Johnson family, own adjacent farms whose deeds date back over a century. The original property descriptions refer to natural landmarks that no longer exist or have changed significantly, such as "to the large sycamore tree by the creek" or "along the old wagon trail." Modern surveys using GPS technology struggle to precisely interpret these historical references, leading to uncertainty about the exact location of their shared property line. To prevent future disputes and ensure clear ownership, they might seek a rectification of boundaries to legally define and record the precise dividing line based on the best available evidence and modern surveying techniques.