Boundary Dispute Solicitors
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.
What causes boundary disputes?
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.
Common causes of boundary disputes
Some of the most common boundary disputes include arguments over:
Neighbours cutting down hedges without permission
Neighbour’s guttering overhanging another property
Easement disputes – right of way access and whether someone can enter your garden
Adverse possession claims
Shared amenities disputes
Are Land Registry plans proof of boundaries?
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.
How do I identify my property's boundaries?
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.
What are boundary features?
A boundary feature is any object that separates properties or suggests a boundary between them, such as:
Fences
Walls
Hedges
Trees
Ditches
The edge of a driveway.
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.
Do fences, hedges and walls indicate legal property boundaries?
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.
How to resolve a boundary dispute
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.
Using experts
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.
Applying for a determined boundary
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:
A report from an expert, like a chartered property surveyor.
Certified deeds to your property predating its listing on the Land Registry.
A statement signed in the presence of a solicitor, notary, or commissioner of oaths.
Any additional supporting evidence, such as a boundary agreement with your neighbour.
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.
Making a boundary 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.
Going to court
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.