How To Resolve a Boundary Dispute

Introduction

Boundary disputes are among the most emotionally charged and complex legal issues faced by property owners in England and Wales. Whether you are a homeowner, landlord, developer, or business owner, an unclear or contested boundary line can quickly escalate into a time-consuming and expensive problem.

This article provides clear, practical guidance on how boundary disputes arise, the legal principles that govern them, and what steps you can take to resolve a dispute efficiently and effectively.

What is a Boundary Dispute?

A boundary dispute arises when there is disagreement between two or more parties about the exact location, extent, or ownership of a boundary separating neighbouring properties. These disputes can concern anything from a garden fence or hedge, to shared driveways or access rights.

Although many assume that boundary lines are clearly defined by title deeds and the Land Registry, in reality, they are often not as precise as they appear. As a result, small discrepancies or informal arrangements made over the years can later become the subject of contention.

Most properties have physically defined boundaries in one or more of the following forms: Fences, Walls, Hedges, Edging Stones, Sides of Buildings, Roads, Ditches, and/or Rivers.

How to Avoid Boundary Disputes?

It is good practice to ensure that the physical boundaries are maintained and do not fall into disrepair. Sometimes, the boundaries may not be clearly defined and in those scenarios, it is important to liaise with your neighbour and agree where the boundary is.

Reaching an agreement with your neighbour in advance can help prevent boundary disputes at the outset, especially if you’re planning to install something like a fence, wall, or hedge along the boundary. You should not go ahead with this kind of work without speaking to your neighbour first, and definitely not while they’re away.

It’s always best to discuss your plans openly before you start, so both parties are clear and on the same page.

Also, if the boundary runs alongside a public road, footpath, or other right of way, you’ll need to check with your local highways authority to make sure your plans meet any legal or safety requirements the local authority may have.

The Common Causes of Boundary Disputes

Boundary disputes can arise in a number of ways, but the most common causes include:

• Misinterpretation of Title Plans: The title plan is based on large-scale Ordnance Survey maps, which are not accurate enough to define exact legal boundaries;
• Encroachments: This might involve a neighbour building a structure that strays over the boundary, or landscaping that extends into another’s land;
• Unregistered Land or Ambiguous Descriptions: Older properties or rural land parcels may be affected by vague or outdated deed descriptions, or such land may be unregistered and ownership difficult/impossible to determine;
• Historical Use or Agreements: Long-standing informal arrangements (e.g., “we’ve always used this path”) may evolve into disputed claims; or
• Changes to Physical Features: Natural changes (like riverbank erosion) or artificial alterations (e.g., moving a fence or wall) can lead to confusion.

Boundaries can change or become unclear for a variety of reasons over the years, but these changes are rarely officially recorded, and that’s often where problems begin.

One of the most common causes of boundary disputes is when a homeowner replaces a boundary feature, such as a fence or hedge, without first discussing it with their neighbour. This is especially common when a hedge is replaced with a fence, as it’s often difficult to tell exactly where the original boundary line sat in relation to the hedge.

The best course of action is to speak with your neighbour in advance and try to reach an agreement about where any replacement structure should go. Having that mutual understanding can help prevent disagreements further down the line.

Another frequent issue arises when someone plans to build right up to the edge of their property, such as an extension, wall, or garden office. If you’re considering this, make sure to talk to your neighbour before submitting a planning application.

Even if your neighbour doesn’t agree to the building itself, it’s still important to confirm the exact position of the shared boundary and ensure that any construction stays entirely on your own land. Remember, getting planning permission doesn’t prove you own the land. That’s something you’re responsible for checking before you build.

Determination of a Boundary – The Legal Framework

There are various ways to determine a boundary between properties.

A good starting point is looking at the Land Registry Title Plans. Title deeds registered with HM Land Registry contain a plan showing the general boundaries of the property. These are typically based on Ordnance Survey maps and do not show precise legal boundaries. The Land Registration Act 2002 makes it clear that title plans do not determine exact boundaries.

For this reason, the red line on a title plan should be treated as indicative rather than definitive. There is a principle underpinning Land Registry title plans, namely the ‘General Boundaries Rule’. This means that the boundary lines shown on Land Registry title plans are general, not exact. As such, the true legal boundary could lie slightly within or outside the red line shown on the plan.

Additionally, where available, the original conveyancing deeds can be critical. These may contain written descriptions of the boundary (e.g., “along the hedge running east to the old oak tree”), measurements, and references to physical features such as fences or markers. Some may also include scaled plans that offer greater clarity. However, even with these documents, ambiguity can persist.

To determine the exact legal boundary, evidence must be gathered from a range of sources. These include historic title deeds and plans, physical features on the ground, aerial or historical photographs, witness statements, and expert reports. If the parties cannot agree, an application can be made to determine the boundary under Section 60 of the Land Registration Act 2002.

It is important to seek competent legal advice early on, to ensure that you are in the best possible position going forward with the dispute. We can assist you at all stages of the boundary dispute and can point you in the direction of expert surveyors and other professionals (such as valuers) to assist with any expert reports required.

Boundary Disputes and Adverse Possession

In some cases, a neighbour may claim ownership of a strip of land through adverse possession. This means they have occupied the land without the legal owner’s permission, in a manner that is exclusive, open and continuous for a prescribed period.

Adverse possession, often referred to as ‘squatter’s rights’, is a legal principle under the Land Registration Act 2002 that allows someone without legal ownership of land to apply for ownership if they have occupied it openly, without force or permission, for a certain period. In the event that someone uses or lives on a piece of land continuously and the rightful owner does nothing to reclaim it during that time, the occupier may be entitled to claim ownership.

For registered land, 10 years’ adverse possession is required. For unregistered land, the period is 12 years. These claims can significantly complicate boundary disputes and should be dealt with cautiously and with the support of legal advice.

We have a detailed article on the intricacies of adverse possession claims (including on making such a claim or defending one), which you can peruse at your leisure here.

How to Resolve a Boundary Dispute – Practical Tips and Guidance

Although Boundary disputes between neighbours can be stressful and disruptive, but they are often avoidable or resolvable with a calm and practical approach. The below steps can be taken to help you in navigating a boundary dispute:

1. Start with a Friendly Conversation (if possible)

Before taking any formal action, try to speak with your neighbour in a polite and non-confrontational manner. Often, misunderstandings arise from unclear boundaries or old assumptions.

Example: If a new fence has been installed and you believe it’s encroaching on your land, politely ask your neighbour when and why they chose that particular position. Bring any documents you have to help explain your concern.

Tip: Take notes during the conversation and follow up with a short, friendly summary email confirming what was discussed and any steps agreed. This creates a useful record and avoids confusion later.

2. Check Land Registry Documents

You can download your property’s title plan and Register of Title from the HM Land Registry website for a small fee. These documents may help clarify the general boundary lines.

Example: If you’re unsure whether a hedge is on your side or your neighbour’s, the title plan may provide a rough outline of the boundary. However, bear in mind that these plans are usually not detailed enough to resolve precise disagreements.

Tip: You can also purchase the title plans for your neighbour’s property, which may include additional clues or supporting evidence.

3. Commission a Boundary Survey

If there’s still uncertainty, consider instructing a RICS-accredited boundary surveyor to prepare an expert’s report. They will visit the site, take accurate measurements, and compare their findings with the legal documents to produce a precise boundary report.

Example: A surveyor might identify that a new shed sits 30cm onto your property line based on a combination of deed plans, historical maps, and physical markers (e.g., old fence posts or tree lines).

These reports are powerful tools during negotiations or legal disputes and help avoid arguments based solely on guesswork and entrenched beliefs.

4. Explore Mediation or other ADR Methods

If talking things through hasn’t resolved the issue, mediation can be a cost-effective and less stressful alternative to going to court. A trained mediator acts as a neutral party to help you and your neighbour reach a solution you can both accept.

Courts increasingly expect people to try ADR (including mediation) first. Refusing to do so without good reason could affect the outcome if the dispute ends up in court and the belligerent party may be liable for the other side’s costs!

5. Legal Action – A Last Resort

If all else fails, you may need to apply to the First-tier Tribunal (Property Chamber) for a formal determination of the boundary or to the County Court for an injunction or damages. This step is costly and time-consuming, so it’s important to weigh up the financial and emotional costs.

Example: You might ask the court to order your neighbour to remove a wall built on your land or seek compensation if their extension prevents you from using part of your garden.

In such cases, having an experienced property litigation solicitor on your side is essential to guide you through the process and give you the best chance of success.

You should ensure that you adhere to the Pre-Action Protocol for Boundary Disputes, which aims to assist you to resolve the boundary dispute quickly and keep litigation costs to a minimum.

The Protocol seeks to ensure that neighbours exchange sufficient information in a timely manner to minimise the scope for disputes between them; and to enable any such disputes to be readily resolved.

What steps can the parties take to formally record a boundary agreement once they’ve reached a mutual understanding?

The parties can enter into a legally binding document known as a ‘Boundary Agreement’ once the boundaries have been clearly defined through a survey, and the parties have reached agreement.

The agreement outlines the agreed property lines and any specific terms related to the use of land or its maintenance. The boundary agreement can also operate as a helpful future reference point and can mitigate the risk of further disputes down the line.

Sometimes, a boundary dispute may have arisen as a result of erroneous property deeds. In such instances, a deed of rectification is likely necessary. A deed of rectification corrects any inaccuracies or omissions in the deed, and ensures that the boundaries of the property are reflected accurately and clearly.

Conclusion & How We Can Help

Boundary disputes can be disruptive and costly (both financially and emotionally), but they are rarely insoluble. Understanding the law, maintaining good neighbour relations, and seeking professional advice early on are key to reaching a resolution.

Whether you’re concerned about a potential encroachment, need clarity about your boundary, or are facing a full-scale dispute (whether you are a claimant or a defendant), we’re here to help.

If you require help, we offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708 640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.

* VAT is charged at 20%