Guide to resolving property disagreements

What is a boundary dispute and why does it matter?

A boundary dispute arises when two or more neighbouring parties disagree on the precise position or line marking the separation of their properties. This can involve disputes over fences, hedges, walls, driveways, or even the extension of buildings. Such disputes are problematic because they can significantly impact property values, impede transactions, and increase stress between neighbours.

When boundary lines are uncertain or incorrectly marked, disputes can arise out of confusion or misunderstanding. Clearly defined boundaries provide legal certainty, helping to avoid costly litigation and maintaining peaceful neighbourly relationships.

Common causes and types of boundary disputes

Boundary disputes typically occur from misunderstandings or unclear property documentation. Some common causes include:

• unclear or outdated title deeds and property plans;
• incorrect reliance on Land Registry plans;
• differing interpretations of property documentation;
• movement, erosion, or changes in natural boundaries;
• new boundary features built without consultation;
• encroachment of buildings, driveways, or extensions;
• disputes over responsibility for fences, walls, and hedges;
• usage disputes concerning rights-of-way or access.

Understanding boundary lines and deeds

Title deeds and property plans are central to boundary identification. Deeds often contain written clauses describing boundaries, but the details can sometimes be vague or outdated. Land Registry plans can assist in clarifying boundary positions, though they are very rarely definitive.

Types of boundaries to understand include:

• Physical boundary: walls, fences, hedges, or other physical markers;
• Legal boundary: the exact line of separation usually set by the deeds;
• General boundary: often used by HM Land Registry, indicating the general position rather than exact coordinates.

It is crucial to distinguish between exact ("determined") boundaries and general boundaries. Most property registers have general boundaries, which can complicate disputes, meaning boundary lines are not always legally precise unless specifically determined through surveys and formal agreements.

Steps to resolving boundary disputes amicably

Before involving legal counsel, attempt mediation and negotiation. Resolving disputes amicably can reduce hostility, maintain relationships, and save considerable costs.

The recommended approach to amicable resolution usually includes:

1. Discussing the issue: Approach your neighbour politely and discuss concerns clearly to understand their viewpoint.
2. Checking documents: Both parties should review title deeds and Land Registry information carefully to clarify boundaries.
3. Employing a surveyor: A Chartered Surveyor specialising in boundary disputes can provide an independent expert opinion on boundary lines.
4. Mediation: Professional mediators facilitate effective negotiation, helping neighbours reach a mutually beneficial solution.

Legal avenues for resolving boundary disputes

If amicable solutions fail, property owners may need formal legal intervention. The following legal remedies are commonly pursued:

• Boundary determination: Applying to HM Land Registry to set a formal legal boundary following thorough survey and agreement. This process can lead to Tribunal proceedings to determine the boundary position.
• Court proceedings: Initiating legal action in county courts or High Court, depending on complexity and property value. The court examines evidence, expert reports, and deeds to decide.
• Adverse possession claims: Under specific conditions, one party can claim possession if they have occupied disputed land uninterrupted for a required statutory period (usually 10 or 12 years depending on circumstances).
• Injunctions: Seeking court injunctions to stop unauthorised construction or encroachment onto your property.

It is advisable to obtain experienced legal representation, especially when considering formal litigation. The courts encourage parties to explore mediation and negotiation before resorting to litigation, and unreasonable refusal of mediation can result in costs penalties.

Costs involved in a boundary dispute

Legal proceedings concerning boundary disputes can become costly and time-consuming. Costs typically include:

• surveyors' fees and expert reports;
• solicitors' costs;
• court fees;
• mediation charges;
• fencing or boundary reconstruction if required.

Costs vary significantly depending on complexity and duration. It is beneficial for neighbours to resolve disputes amicably to avoid excessive legal fees.

Preventative measures to avoid boundary disputes

Proactive measures significantly reduce the likelihood of future boundary disputes. Consider the following preventative actions:

• Regularly review and clearly understand your property deeds and boundary lines.
• Conduct boundary surveys before purchasing property to identify exact boundaries.
• Maintain open communication with neighbours over boundary maintenance and changes.
• Keep clear written agreements whenever boundary features are modified or replaced.
• Accurately maintain fences, hedges, walls to prevent confusion.
• Formalise general boundary agreements voluntarily with neighbours through solicitors or property experts.

Frequently asked questions about boundary disputes

How can I find out exactly where my property boundary lies?

The most accurate way is through a professional boundary survey carried out by a Chartered Surveyor. The surveyor examines deeds, historical records, and physical features, providing expert guidance and clarity.

Can I move a boundary fence without my neighbour's permission?

Not usually. Moving boundary fences without consent can lead to claims of encroachment or trespass. Always consult neighbours and establish agreement before any boundary alterations.

Who is responsible for maintaining boundary fences?

Property deeds typically indicate fence responsibility with 'T' marks. A 'T' mark facing your property usually means you are responsible for maintaining that fence or boundary.

Can I claim land from my neighbour after using it for several years?

You might acquire adverse possession rights if you've occupied neighbouring land without permission for between 10 or 12 years continuously, depending on conditions. However, these claims are complex and require legal assistance.

Does my neighbour have to agree to mediation?

Mediation is voluntary and both parties must engage willingly. Courts strongly encourage mediation, and refusal without reasonable cause could negatively impact any subsequent legal costs awarded.

Professional guidance is key

Boundary disputes can become highly contentious and complicated, often escalating resultant costs and damaging relationships. Property owners should always strive towards amicable settlements first, using clear communication, mediation, and expert advice.

However, if disputes persist, it is crucial to seek professional legal guidance from solicitors specialising in property and boundary disputes to guide you through resolution efficiently and effectively. Contact us today on 0161 696 6178 or fill in our online enquiry form.