Boundary disputes between neighbours can arise for all sorts of reasons. A fence is replaced in a slightly different position, a neighbour builds an extension, a hedge is removed or somebody starts using part of a driveway or garden which the other owner considers to be theirs.
By the time we are asked to advise, both neighbours will often have looked at their Land Registry plans and each may be convinced that the plan supports their position.
The difficulty is that a Land Registry title plan does not usually show the exact legal boundary.
Most registered properties are subject to what is known as the “general boundaries” rule. The red edging on a title plan usually identifies the general extent of the registered property rather than establishing the precise boundary line on the ground. Trying to establish the position simply by measuring the red line on the Land Registry plan can therefore be misleading.
When advising on a boundary dispute, we will usually start with the title documents but may need to go considerably further than that.
Older conveyances or transfers can sometimes contain plans or descriptions which assist. We may also need to look at the physical features which have existed between the properties and how long they have been there. Walls, fences and hedges can all be relevant, as can evidence about the way the land has actually been used over the years.
In some cases, a specialist boundary surveyor will need to inspect the properties and consider the title documents alongside the physical features on the ground.
Fences are a frequent source of disagreement. We are sometimes told that a fence must belong to a particular owner because they have always maintained or replaced it. We also hear the assumption that the fence on a particular side of a garden automatically belongs to that property. Neither should be relied upon without looking at the title documents and the history of the properties.
Although the area of land in dispute can be very small, boundary disputes can become expensive very quickly. A few inches of a driveway may affect whether a vehicle can pass comfortably. A narrow strip of garden may affect proposed building works. The position of a fence may affect privacy or how somebody uses their home. Understandably, owners can feel very strongly about it.
Problems often become more difficult once one of the neighbours has already taken action. If a fence is moved or removed, a wall demolished or building work carried out while the boundary is disputed, there may then be allegations of trespass or damage as well as the original disagreement about where the boundary lies.
We would therefore normally want to see the title documents and understand the history before advising a client to take any physical action on disputed land.
Court proceedings are not inevitable. If the evidence has been considered and the neighbours are able to agree the position, the boundary may be capable of being recorded formally by agreement.
There is also a procedure for applying to HM Land Registry for a boundary to be determined. A determined boundary records the exact line of the boundary rather than the general boundary shown on the usual title plan. Appropriate evidence of the precise position is required and, if the application is disputed, the matter can ultimately be referred to the First-tier Tribunal (Property Chamber).
Some boundary disputes do require litigation, particularly where the parties remain a long way apart after the evidence has been considered. Legal costs and surveyor’s fees can then become substantial, which is why the value and importance of the land in dispute always needs to be kept in mind when deciding how far to take the matter.
There can also be consequences when either property is sold. Questions about disputes with neighbours form part of the conveyancing process and an unresolved boundary dispute can create difficulties with a prospective buyer. It is much better to know exactly what has been agreed or determined than to leave an argument about a fence or driveway unresolved for years.
If you think that a neighbour has moved a boundary, erected a fence or building on your land, or started using land which you believe forms part of your property, it is worth obtaining advice before removing anything or carrying out works yourself. The title documents, the history of the properties and the evidence on the ground should be considered before deciding on the appropriate next step.
Our Litigation & Dispute Resolution Team advises on boundary disputes, neighbour disputes, trespass, rights of way and other disputes involving land and property. We can review the title documentation and available evidence, advise on the legal position and, where necessary, work with specialist surveyors.
If you are involved in a boundary dispute and would like advice on your position, please contact our Litigation & Dispute Resolution Team on 01708 446781 or by email mail@mosco.co.uk
