Boundary disputes between neighbours can quickly escalate, turning a minor disagreement into a major legal headache. Whether it’s a misplaced fence, overhanging branches, or confusion over deeds, uncertainty about where one property ends, and another begins can cause frustration, tension, and financial loss.
This guide will help you navigate the legal landscape of boundary disputes, outlining practical steps you can take to protect your property rights and resolve disputes efficiently.
What is a boundary dispute?
A boundary dispute arises when neighbouring property owners disagree about the location of the dividing line between their properties. These disagreements often stem from unclear title deeds, poorly maintained fences or walls, or changes made over time without mutual consent.
Common causes of boundary disputes include:
- Erecting fences or walls in the wrong location
- Extensions or buildings that encroach on neighbouring land
- Disagreements over the maintenance or ownership of hedges or trees
- Driveway or pathway access that crosses a perceived boundary
So, what is the best way to approach a dispute?
Step 1: Check the land registry title plan
The first step in resolving a boundary dispute is to examine the Land Registry documents and pre-registration title deeds.
Every registered property will have a title plan that shows the general boundaries using red lines. However, it’s important to note that these red lines are usually only indicative and do not provide the exact legal boundary. Also, the scale used in Land Registry plans is usually 1:1250 (or 1:2500 in rural areas), which makes it difficult to determine precise lines without further evidence.
Step 2: Review historical documents
Because Land Registry title plans only give a general indication of the position of a boundary it is often necessary to consider historical documents. Pre-registration title deeds such as conveyances, or transfers can provide important clues about original boundary positions. These documents may include written descriptions or sketches that help establish the position of the boundary.
If your property has changed hands several times, it’s worth reviewing previous versions of the deeds or asking your solicitor to help trace the property’s history.
Step 3: Commission a professional boundary survey
When documents are unclear or contradictory, a professional surveyor can help. Chartered land surveyors use precise measuring equipment and mapping techniques to produce detailed plans showing the likely boundary lines based on available evidence.
Their report can be useful in discussions with neighbours and is often a critical piece of evidence if the dispute escalates into legal proceedings.
Step 4: Open a dialogue with your neighbour
Where possible, try to discuss the issue with your neighbour in a calm and constructive way. Misunderstandings are common, and many disputes can be resolved through informal agreement.
If you reach a compromise, it’s a good idea to record the agreement in writing—ideally through a boundary agreement lodged with the Land Registry. This ensures clarity for the future and can prevent the issue resurfacing if either property is sold.
Step 5: Consider mediation
If informal discussions don’t resolve the issue, mediation may offer a less confrontational and more cost-effective route than court. A trained mediator can help both parties reach a mutually acceptable resolution without the time and expense of court proceedings.
Step 6: Consider legal action
If all else fails, legal action may be necessary. Boundary disputes are governed by complex areas of property law, and early advice from a solicitor can help you understand your rights, prepare your case, and avoid missteps.
A court can make a binding decision on the position of a boundary, but court proceedings should be considered a last resort due to the cost and potential for ongoing neighbour tensions.
How we can help
At Hutchinson Thomas, our experienced dispute resolution team can advise on all aspects of boundary disputes—from reviewing title deeds and surveyor’s reports to negotiating settlements and, where necessary, representing you in the mediation process or court proceedings.
We understand the stress that property disputes can cause and aim to resolve matters as swiftly and amicably as possible, protecting your interests every step of the way. If you need help in resolving a boundary issue, contact us at reception@hutchinsonthomas.com / 01639 645061 with a view to arranging an appointment with one of our dispute resolution team.