Highway boundaries
General boundaries, legal boundaries and ad medium filum
Most boundaries drawn on HM Land Registry title plans are classed as general boundaries. They are not always the same as legal boundaries.
Legal boundaries
The legal boundary is the boundary as defined when all relevant caselaw and legal presumptions such as 'ad medium filum' have been applied. The legal boundary is the true boundary of your property, but may not match the general boundary drawn on your title plan.
There is no limit to the amount of land that can lie between the general boundary drawn on your title plan and the legal boundary that is the true boundary of your property. If any features (such as trees, hedges, and ditches) lie in this area then the property owner will be responsible for maintaining them. Even if this is outside of the boundary suggested by your title plan.
For a more detailed explanation of the difference between Land Registry's legal boundaries and general boundaries, along with information about how Land Registry produces their title plans, visit:
- HM Land Registry's Practice guide 40, supplement 3
- HM Land Registry's Practice guide 40, supplement 5
You can also contact HM Land Registry.
Ad medium filum
Ad medium filum means 'up to the middle line' in Latin. It is a common law legal presumption. This presumption states that the adjacent landowner to a highway route owns the land up to the middle of that route. If highway rights exist over the surface, the landowner is responsible for the subsoil only and the highway authority is responsible for the surface.
Land you own due to the ad medium filum presumption won't usually be included on the title plans from HM Land Registry, as these plans do not show the legal boundary.
You can find more information on this principle in section 11.1 of HM Land Registry's Practice guide 40, supplement 3.