Property Boundary Disputes: How to Resolve Encroachment and Ownership Issues
Introduction
Disputes over land ownership or boundaries are among the most common and emotionally charged areas of property law. Whether the disagreement involves a strip of garden, a shared driveway, or conflicting titles, such disputes can quickly become costly and time-consuming if not addressed early.
For property owners, clarity over land boundaries and rights is essential to preserve both peace of mind and the value of their investment.
Land Ownership and the Role of HM Land Registry
In England and Wales, land ownership is generally recorded at HM Land Registry, which holds the official title register and title plan for each property. The register confirms who owns the land and what rights or restrictions apply, while the title plan shows the general position of the boundaries. However, these title plans are based on Ordnance Survey mapping and are not definitive. The red line drawn around the property represents only a general boundary, meaning that the exact legal boundary on the ground may differ.
This distinction is one of the leading causes of confusion and dispute between neighbours. Even where land is registered, conflicting evidence in old deeds, historic maps, or long-standing occupation can give rise to competing claims and legal uncertainty.
Boundary Disputes and Common Causes of Conflict
Boundary disagreements are one of the most frequent types of land dispute. They often stem from unclear or outdated property descriptions, such as boundaries marked “to the hedge” or “along the stream,” or from changes to fences, hedges, and landscaping over time. Sometimes, previous owners may have extended their property or built structures close to the boundary without precise measurement, leading to uncertainty years later.
In these cases, both parties may genuinely believe they are correct, and the disagreement can easily become personal. Establishing the correct boundary usually requires careful legal interpretation of the title documents supported by expert evidence from a chartered surveyor.
Adverse Possession (Squatters’ Rights)
Another complex area of land law is adverse possession, sometimes known as “squatters’ rights.” This arises when someone occupies land without permission for a long period of time.
Under the Land Registration Act 2002, the rules differ depending on whether the land is registered or unregistered. For unregistered land, twelve years of continuous adverse possession can extinguish the paper owner’s title. For registered land, a person who has occupied the property for ten years can apply to become the registered proprietor. The Land Registry will notify the current registered owner, who can prevent the application from succeeding by taking steps to recover possession.
These cases often turn on detailed evidence of occupation, such as fencing, maintenance, and use of the land, as well as the occupier’s intention to possess it. Because the consequences of a successful claim are significant, early professional advice is essential.
Easements, Rights of Way, and Restrictive Covenants
Disputes also frequently arise in relation to easements and rights of way. These are legal rights enjoyed by one landowner over another’s land, such as a right of access, drainage, or use of a shared pathway. Easements can be created expressly by deed, implied by necessity or common intention, or acquired through long use over time (known as prescriptive rights).
Disagreements about the existence or extent of these rights often surface when one party blocks access, alters the route, or develops the land in a way that interferes with the other’s use. Because easements can be essential to the usability and value of a property, it is vital to resolve these disputes promptly and decisively.
Restrictive covenants are another potential flashpoint. These are binding promises affecting land use, for example, restrictions on building, business use, or alterations. When a neighbour carries out works in breach of a covenant, or a developer seeks to remove or vary a restriction, affected parties may seek legal remedies including injunctions or damages. Similarly, cases of encroachment, where a wall, fence, or structure extends over a boundary, can result in trespass claims and demands for removal or compensation. Even minor encroachments can become contentious, particularly where land is scarce or of high value.
The Importance of Early Legal Advice
When a land dispute arises, the first step should always be to seek early legal advice. We can review the title documents, plans, and other relevant evidence such as historic deeds, aerial photographs, or statements from previous owners. Establishing the factual and legal position at an early stage can often clarify misunderstandings before they escalate.
In some cases, the issue can be resolved by negotiation or an exchange of letters between solicitors, avoiding the need for formal proceedings. Where appropriate, we can advise on the appointment of a surveyor to prepare a suitable expert’s report to professionally opine on the dispute.
Mediation and Alternative Dispute Resolution
If the dispute cannot be resolved informally, alternative dispute resolution (ADR) methods such as mediation are strongly encouraged. Mediation allows the parties to discuss their concerns with the help of an independent mediator, often a lawyer or surveyor with specialist knowledge. It is confidential, relatively inexpensive, and far quicker than court proceedings.
Importantly, it also enables creative solutions, such as adjusting boundaries, granting access rights, or agreeing compensation, that a court may not have the power to order. Many disputes that seem entrenched can be successfully settled once both sides understand their legal position and have the opportunity to reach a practical compromise.
Court and Tribunal Proceedings
If court or tribunal proceedings become necessary, cases relating to registered land, boundaries, or adverse possession are usually heard by the First-tier Tribunal (Property Chamber). More complex or high-value claims may be dealt with in the County Court or even the High Court.
The available remedies include declarations of ownership or boundary position, rectification of the Land Registry, injunctions to prevent trespass, and damages for loss or interference. However, because litigation can be expensive, it is essential to assess proportionality. In some cases, the legal costs of a boundary dispute can exceed the value of the land in question, which is why early advice and mediation are so strongly recommended.
Expert Evidence and Surveyor Involvement
Expert evidence is crucial in most disputed land cases. A qualified surveyor, ideally accredited by the Royal Institution of Chartered Surveyors (RICS), can accurately measure and map the land, analyse historical data, and prepare reports suitable for court use. Their professional opinion often carries significant weight in determining where the true boundary lies.
Where possible, the parties should agree to instruct a single joint expert to reduce costs and avoid conflicting evidence. The collaboration between legal and technical experts often leads to a faster and more conclusive outcome.
Preventing Future Disputes
Although not all disputes can be prevented, property owners can take proactive steps to reduce the risk. Before buying land, it is wise to check that the boundaries shown on the title plan align with physical features on site. Clear, professionally drawn plans should be used in all conveyancing transactions. Owners should also avoid carrying out fencing or building works close to boundaries without first discussing them with neighbours. Maintaining good communication and accurate records can prevent small misunderstandings from turning into major legal conflicts.
Costs, Proportionality, and Practical Considerations
Land disputes can have significant financial implications. In some reported cases, parties have spent tens of thousands of pounds in legal costs arguing over a few inches of land. Courts have repeatedly warned against disproportionate litigation, urging parties to act sensibly and to consider the emotional and practical costs involved.
For most people, the goal should not be to “win at all costs,” but to reach a fair and sustainable solution that restores clarity and peace of mind.
Conclusion & How We Can Help
Land and boundary disputes can be highly complex. Cases often involve overlapping issues of property law, land registration, and planning control, together with the interests of neighbours, developers, and local authorities. Whether the dispute concerns adverse possession, unclear boundaries, easements or rights of way, restrictive covenants, or encroachments, landowners and developers must be ready to respond with careful preparation, expert evidence, and a clear legal strategy. These matters can be time-consuming, stressful, and financially significant, and they often have a lasting impact on property value and relationships with neighbouring owners.
Our specialist dispute resolution team has extensive experience in assisting clients with land and property disputes. We can advise on the strength of your claim or defence, prepare both substantive and procedural responses, and represent clients in negotiations, mediations, land tribunal hearings, and court proceedings. We also provide proactive support by reviewing boundaries, title documents, and contractual arrangements to help minimise the risk of future disputes.
If you require support with a land or boundary or adverse possession dispute, we offer a no-cost, no-obligation 20-minute introductory call as a starting point. Alternatively, if you prefer more detailed initial guidance, we can provide a one-hour fixed fee appointment (charged from £250 plus VAT depending on the complexity of the issues and the 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 708640. 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.
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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.