Boundary Dispute Solicitors

Types of boundary dispute 

• Encroachment and trespass disputes can arise when a party changes the position of a boundary feature and includes more land on their side of the boundary line than they had previously.
• Disputed boundaries often occur when there is a discrepancy between what a property owner sees on a title plan and what is on the ground.
• Right-of-way and easement disputes can occur when one party has been walking over land for many years, for example, and then that land changes hands, and the new owner objects to the use. 
• Adverse possession claims (also called squatter's rights) – a party may be able to claim ownership of land even if they were not the original owners, provided they can show they have exclusively used and occupied the land and no one else has, for over ten years.

Boundary wall and fence disputes

Boundary disputes are often sparked when one neighbour wants to change a long-standing boundary feature by removing an existing wall or fence. Walls usually have concrete foundations, and fence posts are also fixed in with concrete, so it is often very difficult to put the new wall or fence up in precisely the same position.

Therefore, if the new feature, such as a wall or fence, is built along a slightly new line, it can cause tensions between neighbours and trigger things like fence disputes.

It can also transpire later down the line that the original wall or fence was not in the right place, so it is always advisable to ensure you know where the legal boundary line is before you spend money and make any changes. 

Land boundary disputes

Land boundary disputes can arise between landowners when they both believe they have the right to occupy a piece of land or when they disagree about the position of the legal and physical boundaries that separate the two plots.
 
Issues can arise when plots change hands, developments are planned, or features are removed and replaced. 

It is essential to obtain legal advice from a specialist boundary dispute lawyer and a boundary surveyor if you think your land is being trespassed on, or you believe you have lost land to a neighbour, or are on the receiving end of a letter of claim.

Determining a boundary line

The first step in determining the legal boundary line between two properties or across the land is to check the title deeds from the Land Registry or the pre-registration deeds. 

However, these documents do not always clearly define the boundary line or may not reflect reality. 

If this is the case, a solicitor can instruct a qualified land surveyor to survey the land, check the title deeds, and use historical data and aerial photography to determine the legal boundary.

Boundary agreements 

Most properties in England and Wales have general boundaries, but if you want something precise, you can enter into a boundary agreement or obtain a 'determined boundary'.

Property owners may come to an agreement about the boundary between their properties. The agreement can deal with the position of the legal boundary,  the maintenance of a boundary feature (such as a hedge), or both. 

For example, neighbours may agree that the legal boundary between their properties is the middle of a row of trees (and that each will keep their side of the trees below a certain height). Or there may be a post-and-rail fence and a brick wall running close together between two properties, and the owners agree on which of the two possible boundary features marks the legal boundary.

Legal advice should always be taken where a boundary agreement or transfer of land needs to be documented and registered at HM Land Registry. You may also need a surveyor to help prepare a land registry-compliant plan.

Determined boundaries

Unlike a general boundary, a determined boundary shows "the exact line of the boundary of a registered estate".

HM Land Registry does not determine a boundary by resolving a disagreement as to where the exact line of the boundary is located. 

Instead, with the exact line having been identified, HM Land Registry will make it apparent from the register that the boundary has been determined. 

It is not always possible for an owner to apply for a boundary to be shown in the register as determined. In particular, the applicant may be unable to produce the necessary evidence to establish the exact line of the boundary.

To have a boundary determined, you can apply to HM Land Registry.

This option might be appropriate where the neighbours agree on the exact boundary. If not, the neighbours might jointly instruct an independent expert.

Land Registry

HM Land Registry title plans only show a property owner where a legal boundary is if a determined boundary is in place, which is very rare. 
HM Land Registry can help determine a legal boundary if there is a broad agreement between the two neighbouring land owners. 

If a dispute arises about a boundary, a landowner can either initiate court proceedings or, if the dispute arises following an application to HM Land Registry, refer the matter to the First-Tier Property Tribunal for determination. 

Resolving boundary disputes 

Given that any boundary dispute is likely to be with a neighbour you live or work close to, it is always advisable to try and avoid court proceedings and resolve matters amicably. 

All forms of alternative dispute resolution should be considered, whether this is a meeting with your neighbour, with or without lawyers present, or a formal mediation with a third-party mediator appointed. 

Regardless of the outcome, unless one party sells their property and moves, you will remain neighbours and need to try and co-exist peacefully. 

Early settlements and avoiding court proceedings should be explored at every stage to avoid the pressure of litigation and costs.