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Boundary disputes can be surprisingly difficult to resolve. A disagreement may concern only a narrow strip of garden, the position of a fence or a few centimetres of land, but it can affect building plans, access, privacy, the value of a property or a future sale.
We act for homeowners, landlords and other property owners bringing and defending boundary claims. Our role is to establish the strength of your position, identify the evidence that matters and find the most proportionate way of resolving the dispute.
A Land Registry plan is often only the starting point. Determining where the legal boundary actually lies may require analysis of historic deeds and plans, the physical features of the properties and evidence of how the land has been occupied over time.
We advise on issues including:
disagreement about the position of a legal boundary;
fences, walls or hedges being moved;
neighbours claiming part of a garden or other land;
extensions, garages, outbuildings or walls crossing a boundary;
building works encroaching onto neighbouring land;
discrepancies between title plans and boundaries on the ground;
disputes over strips of land alongside houses, gardens or driveways;
historic boundaries which have changed or become unclear;
adverse possession claims involving boundary land;
responsibility for maintaining or replacing boundary structures; and
boundary problems discovered during a property sale or purchase.
Sometimes what appears to be a boundary dispute is actually, or additionally, a dispute about a right of way, shared driveway, restrictive covenant, party wall or adverse possession. Identifying the legal issue correctly at an early stage can make a significant difference to how it should be approached.
With a team of property dipsute specialists, we focus on achieving a practical outcome. That means considering negotiation, expert evidence and settlement alongside litigation rather than allowing a relatively small boundary disagreement to develop unnecessarily into an expensive neighbour dispute.
Your serach for the right lawyer may also include a desire to find a specialist lawyer near you. We currently have 16 offices around England & Wales, with 6 in London and a large presence in Peterborough and the North West. We advise and represent clients throughout England & Wales.
It is a common misconception that a red line on the Land Registry title plan establishes the precise legal boundary.
Usually it does not. Most registered properties are subject to the general boundaries rule, meaning the title plan shows the general position rather than necessarily identifying the boundary to a precise measurement.
The answer may therefore depend upon a combination of evidence including historic title deeds and plans, physical features such as walls, fences and hedges, historic photographs,planning documents and evidence from previous owners or neighbours; and
Sometimes.
A specialist boundary surveyor can be extremely useful where the dispute involves interpreting plans, measurements, historic physical features or the relationship between documents and what exists on the ground.
However, instructing experts too early can add considerable expense.
We can first assess the legal issues and available evidence and advise whether expert evidence is likely to help. Where a surveyor is appropriate, we can work with them so that their evidence addresses the questions which actually matter to the dispute.
Moving a fence does not automatically move the legal boundary or transfer ownership of the land.
Equally, it can be risky simply to remove the new fence or move it back yourself without first establishing your legal position.
We can investigate the title and available evidence, advise whether there appears to have been an encroachment and contact your neighbour or their solicitor where appropriate.
Acting relatively quickly can also be important. The longer a new physical boundary remains in place, the more difficult the evidence surrounding the previous position may eventually become.
Boundary disputes sometimes arise during an extension, redevelopment or other building works.
An extension, wall, garage, foundation, roof or other structure may have been built wholly or partly across the legal boundary.
Planning permission and building regulations approval do not themselves give someone ownership of, or a right to build on, neighbouring land.
Possible remedies can include requiring works to stop or be removed, an injunction, damages, compensation or reaching an agreement under which the affected land is transferred.
The appropriate approach will depend heavily upon the circumstances.
If construction is still underway, seek advice promptly. There may be considerably more practical scope for resolving the problem before a substantial structure has been completed.
A boundary dispute can become more complicated where one owner has occupied the disputed land for a significant period.
Even if the registered title appears to include the land within your property, the neighbour may claim to have acquired rights through adverse possession.
These claims are highly fact-specific. The nature and period of possession, whether the land is registered and what each owner has done can all be relevant.
We can assess whether adverse possession genuinely affects the boundary dispute and advise on bringing or defending any related Land Registry application.
Court proceedings are only one option and will often not be the best starting point.
Once the evidence has been assessed, possible approaches include:
direct solicitor negotiation;
obtaining specialist surveyor evidence;
a meeting at the properties;
mediation;
agreeing the position of a boundary;
repositioning a fence, wall or other feature;
transferring a strip of land;
agreeing compensation; or
entering into a formal settlement or boundary agreement.
Where the parties cannot reach a reasonable solution, proceedings may be necessary to determine ownership or obtain an appropriate remedy.
The right approach depends not only upon who has the stronger legal argument, but also upon what is actually at stake.
Sometimes both owners want certainty rather than continuing to argue about what happened many years ago.
It may be possible to agree the boundary and formally document the position.
Where the agreement simply records where the existing legal boundary lies, a boundary agreement may be appropriate. Where one owner is actually giving land to the other, a formal transfer of part of the title may instead be required. The distinction matters. Any settlement should also be documented with a future sale in mind. Resolving the immediate disagreement but leaving ambiguous plans or paperwork can simply recreate the problem when one of the properties is subsequently sold.
Please do call or email so that you can find out more about us or to enable us to get a better understanding of how we can assist you.
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Partner & Acting Head of Property Disputes
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