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01 overview
When problems disrupt your home life, even small issues like guttering hanging over your property can lead to arguments.
Boundary disputes happen when neighbours can't agree on where the lines between their property are, and they're often a significant cause of tension exacerbated by changes over time, like adjustments to boundaries and past agreements between previous owners.
If you're in the middle of a bitter boundary dispute, our network of neighbour dispute solicitors is here to assist you in finding the best solution, reducing tensions between you and your neighbour and minimising your stress levels. Contact us today for a free case evaluation and explore your legal options.
Boundary disputes happen when two parties claim the right to occupy the same piece of land.
Often, these kinds of disputes come up when one party builds an extension, summer house, other outbuilding, fence, or wall on land that another person believes is theirs.
In the event of a boundary dispute, a solicitor can help by reviewing the title deeds of the properties involved alongside other evidence like photographs, architects and construction plans, and past agreements.
Some of the most common boundary disputes include arguments over:
Most title plans don't clearly define boundaries, and homeowners aren't required to document them.
Land Registry plans are essentially maps that show property boundaries, nearby buildings, roads, intersections, and landmarks. They also guide easements (public right of way) and access restrictions.
Property boundaries are usually marked with red lines on these plans. However, you may also see trees and other markers that overlap the boundary or extend beyond it.
If you live in England or Wales, there's typically no recorded information about the precise boundaries between two properties or the ownership of hedges, walls, trees, or fences between two properties.
Title plans don't usually show exact boundaries because they don't have to be precisely recorded. But, you can get a good idea of where your property boundaries are by looking at the title plan in most cases.
However, even if a boundary line is marked in a title deed, it might not still be valid due to boundary adjustments or adverse possession.
If your title deeds aren't clear about where your property boundary lies, a boundary dispute solicitor can help you.
Usually, they'll review the title deeds alongside other historical documents (such as property plans or previous boundary agreements) and aerial photos. If necessary, they may also arrange a land survey to assist in pinpointing your property's boundaries.
A boundary feature is any object that separates properties or suggests a boundary between them, such as:
Relying solely on boundary features to identify boundaries between properties can be problematic.
Boundaries are fixed lines without width that show where a property ends, while boundary features can exist on either side or stretch across both properties.
Therefore, using boundary features as the sole identifier of boundaries can lead to boundary disputes, as they may not accurately represent the actual property lines.
Fences, hedges, and walls do sometimes indicate property boundaries, but they might not always be legally recognised as boundaries as they can move over time, especially fences.
If you and your neighbour are locked in a boundary dispute, the first step is to review the evidence and see if you can reach a mutual agreement.
Sometimes, this may be as easy as checking the title deeds or having an informal discussion. However, if this doesn't solve the matter, there may be other ways to resolve the problem.
Most boundary disputes need experts to look at records such as the title deeds, old photos, and the property to decide where the boundary is.
You can instruct a surveyor to do this for you, however, it's important to note that even if they agree with your side of the dispute, your neighbour may employ a surveyor who comes to completely different conclusions, which can cause the matter to escalate further.
To legally define a boundary, homeowners can apply for a determined boundary. You do this by submitting a form to the HM Land Registry to request that a boundary be recorded in the register as an agreed-upon line between neighbouring properties.
It's important to note that the Land Registry doesn't settle disputes about boundary lines. Instead, in this case, the register a boundary as determined if the right evidence is provided.
To do this, you have to fill in Form DB and submit:
If the determined boundary is registered, neighbouring property owners will be notified.
It's a good idea to apply for a determined boundary after you've reached an agreement with your neighbour, that being said you can start the process without their agreement.
A boundary agreement is an official record between you and your neighbour that documents the agreed boundary between two properties and who is responsible for maintaining boundary features between the properties.
If you are considering creating a boundary agreement with your neighbour, you should get legal advice from a boundary dispute solicitor before doing so.
This kind of agreement is a legal document and, as such, may have long-term consequences that remain in effect after either you or your neighbour sell your respective properties.
Boundary agreements must also be recorded with the HM Land Registry so the register for your property can be properly updated.
At Lawhive, our boundary dispute solicitors can help you create a valid boundary and carry out the necessary administrative process to update the register to reflect the agreement. Contact our legal assessment team for a free quote and start working with a solicitor within 48 hours.
Sometimes, the only way to settle a boundary dispute is in court, where a judge decides. However, this should be a last resort because going to court can be costly, time-consuming, and stressful. It can also strain neighbourly relations for a long time.
Instead, prioritise open discussions with your neighbour during the dispute. If that's not possible, consider alternative solutions like mediation before going to court.
Adverse possession happens when someone who didn't originally own land occupies it for a certain period and meets legal requirements to claim ownership.
If a property boundary has shifted over time, a property owner may be able to claim land due to adverse possession if they meet the requirements. That being said, changes in the law since 2003 have made it harder to acquire land through adverse possession.
If you spot structures encroaching on a boundary or an irregular fence line while purchasing a house, discuss it with your conveyancing solicitor right away. They can review the title deeds to clarify boundary lines and, if needed, communicate your concerns to the seller.
Dealing with these issues before finalising the purchase can prevent potential boundary disputes down the line.
The Party Wall Act 1996 regulates changes to outdoor walls and fences, as well as shared walls and ceilings inside properties. It mainly deals with major structural changes that could affect neighbouring properties.
If you or your neighbour are planning renovations that impact a shared wall, get advice from a property solicitor to ensure any work complies with the Party Wall Act.
A surveyor can help you support your application for a determined boundary by creating a plan showing where you believe the boundary is.
However, your neighbour can still disagree with where the boundary is and the matter may still need to be settled in court or a tribunal.
One of the biggest misconceptions about property boundaries is that you automatically own the left or right-hand side fence based on your perspective facing the house.
Similarly, ownership of boundary markers like trees and hedges isn't predetermined and can be influenced by historical use, agreements, and land use.
Title plans only give a rough idea of where overhanding or jutting structures are and how big they are, not who owns them.
As you can see, getting a concrete answer on property boundaries can be tough given their vague nature - even in law. This makes it even more important not to rely on misconceptions like those above during boundary disputes. Doing so is likely to cause more confusion and disagreements, what's more, mistakes can be expensive. Therefore, getting advice from a solicitor who specialises in boundary disputes is best to gain clarity on the best way forward.
At Lawhive, our network of boundary dispute solicitors is on hand to help you solve your property matter with your neighbour quickly and efficiently. They can help you establish your boundaries, make legal agreements relating to property boundaries, or provide practical help with adverse possession claims or any other legal action relating to your boundary dispute.
To find the best solicitor to handle your boundary dispute, contact us today.
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