Disagreements over property boundaries are more common than many people realise. Whether it’s a fence that’s been moved, a hedge that’s grown beyond its original position or uncertainty over where one property ends and another begins, boundary disputes can quickly become stressful if they are not handled carefully.
Understanding your rights as a homeowner and seeking legal advice at an early stage can often help prevent a disagreement from escalating.
What is a boundary dispute?
A boundary dispute arises when neighbouring property owners disagree about the position of the legal boundary between their properties.
Common issues include:
- the location of fences, walls or hedges;
- building work that crosses a boundary;
- disagreements over rights of access;
- overhanging trees or branches;
- extensions or outbuildings built close to a boundary; and
- uncertainty over ownership of land.
Even relatively small areas of land can become the subject of complex legal disputes.
How do I know where my property boundary is?
Many homeowners assume that the Land Registry title plan shows the exact legal boundary. In fact, title plans usually show only the general boundary, rather than its precise position.
To establish the true legal boundary, it may be necessary to consider:
- the property’s title deeds;
- Land Registry documents;
- historical conveyances;
- physical features on the land;
- previous agreements between neighbours; and
- professional surveyor’s reports.
Every case is different, and determining the legal position often requires careful examination of the available evidence.
Can I move or replace a boundary fence?
Not necessarily.
Before moving or replacing a fence or wall, it is important to establish ownership and ensure that any proposed work does not encroach onto neighbouring land.
Making changes without agreement could lead to a dispute or, in some cases, legal action.
If there is uncertainty about the boundary, it is usually sensible to resolve the issue before carrying out any work.
Can boundary disputes be resolved without going to court?
Yes. In many cases, boundary disputes can be resolved through discussion, negotiation or mediation.
Reaching an agreement is often quicker, less expensive and far less stressful than court proceedings, while also helping neighbours maintain a positive relationship.
Where an agreement is reached, it may be possible to record it formally to provide clarity for the future.
What if we can’t reach an agreement?
If informal discussions are unsuccessful, legal advice should be sought as soon as possible.
A solicitor can review the available evidence, explain your legal position and explore the most appropriate way to resolve the dispute. This may involve negotiation with your neighbour, mediation or, where necessary, court proceedings.
Court action is generally viewed as a last resort, but it may be necessary where there is a genuine dispute over ownership or where one party refuses to engage.
Why acting early is important
Boundary disputes rarely resolve themselves and can become more difficult if left unaddressed.
Obtaining advice early can help clarify your legal position, avoid unnecessary costs and improve the chances of reaching an amicable solution before relationships with neighbours deteriorate.
How Oliver & Co Solicitors can help
If you’re involved in a boundary dispute or are unsure where your legal boundary lies, you don’t have to deal with it alone. Our experienced Property Disputes team can provide clear, practical advice to help you understand your rights, protect your property and work towards a resolution. Contact Oliver & Co Solicitors today to discuss your situation and find out how we can help. You can call us on 01244 312306, email us at law@oliverandco.co.uk or complete our Contact Form and we’ll get in touch as soon as we can.
