Boundary disputes are one of the most common types of residential property disputes. Disagreements over fence lines or shared access points can quickly escalate into stressful, time-consuming and sometimes costly legal disputes.
Boundaries define where your land ends and another person’s land begins. When that boundary becomes unclear, it can affect your privacy, security and relationships with your neighbours day-to-day. It can also affect future building plans and property value.
Some examples we come across regularly include:
- Misplaced fences
- Extensions encroaching on neighbouring land
- Overgrown hedges
- Disagreements about access rights
Each of these has the potential to be emotionally draining or legally complex. Dealing with cases of this nature often involves interpreting historic deeds, Land Registry plans, aerial photos, and decades-old usage patterns. This is why legal advice is advisable.
At Eric Robinson Solicitors, our boundary dispute solicitors help homeowners reach practical, cost-effective resolutions quickly. If you’re concerned about a boundary line or tensions with a neighbour, our £150 plus VAT (£180) advice hour is designed to give you clear guidance on your rights and the next steps you can take. Get in contact with your nearest office to book yours today.
What are the different types of boundary disputes?
Boundary disputes can arise for multiple reasons. Some can be resolved simply, but others stem from long-standing issues which can threaten property sales or construction projects. Understanding the most common types of disputes can help you identify the best path to a resolution.
Fence and wall placement disputes
Fences, walls and other physical markers are a common trigger for disputes because for many homeowners, physical markers reflect legal boundaries. Some examples of this happening are:
- A fence is erected on what the other party believes is the other side of the boundary.
- Disagreement over who owns and maintains the fence.
- Replacement fences that don’t follow the original boundary line.
Encroachment disputes
Encroachment occurs when a neighbour builds something that extends over or onto your land, such as:
- An extension or outbuilding
- A garage or shed
- Driveway expansions
- Decking or patios
- Overhanging eaves or gutters
These cases often require professional surveying and legal intervention.
Hedge and tree boundary disputes
Hedges and trees can cause conflict when they:
- Grow over a boundary
- Damage fences or walls
- Affect foundations or drainage
- Block light or access
These disputes can be tricky, as when vegetation is involved, the line between maintenance and boundary infringement can blur.
Disputes over rights of way (easements)
Some properties include the legal right to pass over another’s land. Disputes arise when:
- Access is obstructed
- One party widens or restricts the path
- Usage intensifies beyond what was originally agreed
Resolving this kind of dispute often involves interpreting deed wording established decades earlier.
Land registry or Deed interpretation disputes
Legal boundaries aren’t always clearly marked on plans. Many properties rely on historic deeds, which:
- Use vague descriptions
- Show outdated physical features
- No longer aligns with modern mapping
This can leave both parties relying on differing interpretations of the same documents.
Adverse Possession Claims
Sometimes a neighbour has used or enclosed an area of land for a long time. If this has gone on for long enough, then they could attempt to claim legal ownership. This is known as adverse possession and is a highly technical area of law which often triggers boundary disputes.
Common causes of boundary disputes
Understanding why boundary disputes arise can help prevent escalation and guide you towards the right solution.
- Ambiguous or outdated deeds – Many older properties rely on historic documents which use outdated landmarks or terminology. This can make the true line difficult to pinpoint.
- Misinterpretation of Land Registry plans – Land Registry plans show general and indicative boundaries, not exact ones.
- DIY construction or landscaping – Building a new fence, wall, or extension without consulting neighbours or checking plans can easily trigger disagreement.
- Gradual encroachment over time – Over time, subtle changes like hedges growing and fences leaning over can significantly alter the perception of the boundary.
- Poor communication – Many disputes escalate quickly when neighbours stop talking and begin assuming the worst. Misunderstandings can snowball quickly.
Common myths and misconceptions about boundaries
Misunderstandings about how boundaries work often fuel disputes. Some common misconceptions we hear frequently include:
- “The fence on the left/right is always yours” – There is no general rule in the UK stating that you own the fence on one particular side. Ownership is determined by deeds or evidence.
- “The Land Registry plan shows the exact boundary” – This is incorrect; land registry boundaries are “general boundaries” and often cannot be relied upon alone to determine the precise legal line.
- “If I’ve used a piece of land for years, it automatically becomes mine.” – Adverse possession is possible but subject to strict legal criteria and timeframes.
- “A solicitor will always recommend going to court” – At Eric Robinson Solicitors, court proceedings are a last resort. Many disputes can be resolved amicably through mediation and professional surveying.
How to resolve a boundary dispute: step-by-step guide
Boundary disputes can be stressful, but a structured approach can help prevent escalation and keep costs down. Here is a clear, practical process to follow:
Step 1: Initiate a conversation
It is always important to communicate your concerns with your neighbour first. You could ask to review the documents concerning the property boundaries together and see if you can come to an agreement.
Step 2: Review the Deeds and Land Registry Documents
Locate and examine your title deeds. You may be able to request copies from the Land Registry. You are looking for any of the following:
- Title plans
- Transfer deeds
- Conveyances
- Any historical documentation
See if any of these documents show:
- Boundary positions
- Responsibility for maintenance
- Rights of access
Step 3: Compare evidence and photographs
Your next step is to gather some basic evidence before involving any professionals. Try and collate:
- Photos of the boundary
- Aerial images from online aerial imagery
- Any previous correspondence about the boundary
Showing the evidence to your neighbour may even resolve the issue before needing to involve a professional.
Step 4: Bring in a Chartered Land Surveyor
A specialist surveyor can produce an accurate measured survey and a detailed analysis of the boundary position. This detail often forms the basis of the eventual resolution.
Step 5: Seek legal advice
If discussions reach a standstill, and legal advice becomes necessary, then a solicitor will be able to help with:
- Interpreting deeds
- Assessing your legal position
- Recommending negotiation strategies
- Liaising with surveyors
- Protecting your interests
Eric Robinson Solicitors offer a £150 plus VAT (£180) fixed-fee advice hour to help you decide on a course of action.
Step 6: Mediation and negotiation
Most boundary disputes settle through mediation because it is often faster, cheaper, more flexible and less confrontational than going to court.
Step 7: Draw up a Boundary Agreement
Once an agreement is in place, a solicitor can draft some legally binding documents, including a boundary agreement, deed of easement and updated title plan to ensure that the dispute does not re-emerge in the future.
Step 8: Go to court
If all else fails, an application to the County Court or the First-tier Tribunal (Property Chamber) may be required. These routes are more costly and time-consuming, but sometimes necessary to achieve finality.
Types of evidence that can help resolve boundary disputes
The stronger your evidence, the easier the dispute will be to resolve. If you can collate the following evidence, you will increase your chances of success:
- Title deeds and conveyances
- Land Registry documents and title plans
- Old photographs from before development or landscaping
- Aerial or satellite images like Google Earth’s ‘historical imagery’
- Professional survey reports
- Correspondence and agreements
Conclusion
Boundary disputes can be complex and emotionally draining, but can be resolved with the right approach. Understanding the types of disputes, the causes behind them, and the myths that often fuel disagreements can help you navigate the situation with confidence. Evidence, communication, and early expert advice are key to reaching a fair and lasting solution.
If you are experiencing a boundary issue with a neighbour, don’t let it escalate. Speak to Eric Robinson Solicitors today and book our £150 plus VAT (£180) advice hour for clear, practical guidance tailored to your situation. Get in contact with your closest office to book a session with one of our experienced dispute resolution solicitors.
We have solicitor offices in:
- Southampton
- Hedge End
- Chandlers Ford
- Winchester
- Lymington
- Shoreham-by-Sea
- Marlborough
- Richmond Upon Thames
- Gloucester
- Chippenham
