Boundary Disputes FAQs

We don’t always see eye to eye with our neighbours. This can become a problem when it escalates and neighbour disputes occur. One of the most common causes of neighbourly tension is boundary disputes, when there is an issue with the boundary between two properties. 

This post explores some of the most frequently asked questions about boundary disputes and what you can do to resolve them. 

What is the boundary? 

The boundary of the property is the legal dividing line between one property and the next. 

How do you find out your property boundaries? 

Most people assume that the Title Plan produced by the Land Registry shows their legal boundary. This is not the case. These plans are produced on a scale of 1:1250 and so are only accurate to +/- 50cm, so only show the general position of the boundary. Aside from this, neighbours may have Land Registry Title plans that show the same boundary in different positions, and so they genuinely believe that they are in the right.

There are a few ways to discover where your property boundaries are and which ones you have responsibility for: 

• Deeds and documents. The starting point for finding out your property boundaries is looking at your deeds and documents. Documents such as the Title Deed, Transfer Deed, the original conveyance, and property descriptions may have the information you’re looking for. If you do not have these, we can make enquiries with the Land Registry see whether they hold any relevant documents. 
• Other evidence. If you can’t find your property boundaries on the Title Deed or other documents, it’s time to look elsewhere. For example, past disputes, potential boundary markers, local historical records or maps, and previous photographs and satellite images may also help to determine where the boundaries lie. If you can, talk to your neighbours who may have more information if they have been living in the area longer than you. 
• Even if it is possible to determine the accurate position of the original legal boundary, you also have to consider whether this has been subsequently altered by the process of “adverse possession”. This can happen when someone who didn’t initially have a legal right to some land claims ownership of it because they have been openly using it, unchallenged, for a certain amount of time.
• What’s next? If you still can’t determine the location of the boundaries, or you are in dispute about the location with a neighbour, you may wish to consult with a surveyor or a property litigation lawyer who can assist you further. 

Which fence is mine? 

It’s a common misconception that everyone owns the fence to the left of their property. This isn’t always the case, and you’re just as likely to be responsible for any of the fences surrounding your property. The best way to determine whether you are responsible for the maintenance of any fences is to refer to your title deeds. In the absence of any express obligation there is, in fact, no legal duty to fence your property at all. 

What are the most common types of boundary disputes? 

Boundary disputes are fairly common, and they typically come about because one neighbour doesn’t agree with something another neighbour is doing on or near the boundary. Some of the most common types of boundary disputes can be: 

• Disputed boundaries, where the precise location of a boundary can’t be agreed upon. There may be different accounts in each property deed or from different surveyors. 
• Encroachment disputes, where one neighbour’s structure (a wall, fence, new building, hedge, guttering etc) extends beyond the boundary onto the other neighbour’s property. 
• Easement disputes. Easements are rights over adjoining land. Commonly these easements are rights of way but these could be any similar rights such as the right to store a wheelie bin on someone else’s land. 
• Adverse possession. If one party has used a piece of land unchallenged for a continuous period of time, they may claim ownership over it, which can cause disputes. 

Does my neighbour have to agree to any work I’m doing on or near the boundary? 

It’s good practice to discuss any works you’re planning with your neighbour and get their agreement before you start. This helps reduce the chance for disputes to occur in the future. 

However, you must tell your neighbour if you are planning certain types of works. These include building on or at the boundary, work on an existing party wall (the wall separating your properties), and if you are digging below and near to their foundation level. 

You must give them sufficient notice that the works are taking place, and they have the right to dispute them or request that additional work be done at the same time. They may have to pay for these additional works if they’ll benefit from them too. 

If you can’t agree, you will have to appoint a surveyor who will survey the disputed area and provide a ‘party wall award’ which will detail what should happen. 

How can I resolve a boundary dispute? 

Boundary disputes are one of the most common forms of disputes in the UK. Matters can quickly get tense and escalate and can poison relations with neighbours and make it difficult to sell your property. If you have entered into a boundary dispute, here are the typical steps you can take to resolve it: 

• Open communication. Maintain good communication with your neighbour throughout the process. This will make it less likely for things to escalate. 
• If you and a neighbour cannot agree the position of a boundary, you may wish to appoint a solicitor to investigate the evidence available and to come to a view. If the legal boundary is clearly defined on the papers then a polite letter to the neighbours from a solicitor explaining this may allow you to avoid a formal dispute. If agreement is reached, to remove any ambiguity for the future you may wish to instruct a surveyor to produce an accurate plan showing the position of the agreed boundary. This can then be attached to a Boundary Agreement and recorded at the Land Registry.
• If the situation is still not clear or if you cannot reach an agreement with your neighbour then you may ask a specialist boundary surveyor to produce an accurate plan and even ask for their opinion as to where they believe the legal boundary lays. As the parties may be bound by this opinion, it is critical to ensure that the surveyor is provided with all the relevant information that supports your case. 
• Where the position of the legal boundary is disputed on the facts (for example, one party claims it has moved through adverse possession and the neighbour disagrees) then your lawyer will encourage you to come to an agreement through mediation or another form of Alternative Dispute Resolution (ADR). Resolving your dispute through ADR keeps the dispute out of court, which can be expensive and time consuming. 
• If ADR doesn’t work, you can turn to litigation. This should only be considered if all other methods have failed. You can either apply to the Land Registry, which will refer you to the Land Registry Division of the First-tier Tribunal, or issue legal proceedings through the county court.  

If you’re in need of expert legal assistance to help you resolve a boundary dispute, we are here to help. Get in touch to find out how we can assist you. 

How much do boundary disputes cost? 

The average cost of a boundary dispute is not straightforward, as every dispute involved different costs. Costs incurred can include: 

• Cost of obtaining and reviewing the evidence 
• Legal advice, which rises in cost if the dispute reaches court 
• Costs for professional surveyors 
• Court costs 

Reaching an agreement amicably is in everyone’s best interest, as it can save a huge amount of time and money.