One day you’re chatting over the fence with the charming couple next door; the next you’re wondering if the UN could send over a couple of peacekeepers. Fences, overhanging branches and shared driveways can all be flashpoints in boundary disputes, leading to bitter, protracted legal battles that run up eye watering sums of money. These cases often make the news, leaving readers agog at how people are willing to spend their life savings over a few inches of their back garden.
Surveyors have reported a sharp increase in enquiries about boundary disputes over the past few years, a trend that may be linked to lockdowns during the Covid pandemic, when many people turned their attention to home improvements and gardening. In 2022, research from Churchill Home Insurance claimed that 6.6 million people had been involved in a boundary issue with a neighbour the year before, collectively contesting an area the size of nearly two thousand football pitches.
Contact our Property Solicitors in London
Call us on 020 7870 2736 or complete our online enquiry form.
What are common causes of boundary disputes between neighbours?
Boundary disputes typically fall into the following categories:
• Encroachment disputes – where one party builds or extends over the boundary (e.g. fences, extensions, driveways)
• Rights of way and easement disputes – disputes over access rights, drainage, or other legal use of land.
• Adverse possession claims – where one party claims ownership of land they’ve occupied without consent for a number of years.
Confusion over the exact location of boundaries is often at the heart of disputes. It is not always understood that Land Registry title plans, which are based on Ordnance Survey mapping, are illustrative rather than definitive. If your neighbours put up a fence which doesn’t match the red line on your plan, it doesn’t necessarily follow that they’re making a land grab.
Transfer plans are a better guide. These are akin to an enlarged version of a title plan and should be included with the legal deeds (also known as transfers or conveyances) when you purchase a property. Unfortunately, transfer plans are sometimes missing – if a property has not changed hands for a long time, the plans may never have been digitised or lodged with the Land Registry.
To make matters even more complicated, your neighbour’s transfer plan may show something different from yours, while boundaries can also shift due to natural changes or human alterations, such as landscaping.
Prevention is better than cure
When buying a new home, make sure a recent survey is included in the transaction. You may need to commission one, but this could save time and money further down the line. Keep boundary markers, such as fences, walls and hedges in good condition as this will help avoid confusion over where each property begins and ends. Brief yourself on the Land Registration Act and the Law of Property Act, which define land ownership and usage rights, and provide a framework for resolving disputes. Above all, try to ensure relations with your neighbours are cordial and discuss any issues as they arise.
How are boundary disputes resolved?
If you do find yourself in a deadlock with your neighbours, a sensible way forward is to engage a chartered surveyor to determine the historic boundaries. If you still can’t reach an agreement, a solicitor can help mediate while unpicking and clarifying complex legal issues to help both parties reach an agreement everyone can live with.
Do I need to go to court?
Only go to court if you can’t afford not to. This should be a last resort if mediation and negotiation fail, or if one party refuses to cooperate – and if it’s really worth it. A straightforward case in the County Court can easily run into tens of thousands, if not more. For a High Court hearing, six figure sums are more likely. Litigation can last for years, so think twice if you might need to sell; a property mired in property disputes will be a red flag to buyers.
How Lewis Nedas Can Assist with Boundary Disputes
1. Expert Legal Advice
Our solicitors offer clear guidance on your rights and options under UK property law, helping you understand the complexities of boundary issues.
2. Alternative Dispute Resolution (ADR)
Lewis Nedas encourages resolving disputes through ADR methods such as negotiation or mediation, aiming to save time and costs while preserving neighbourly relations.
3. Litigation Support
If ADR fails, their team is prepared to represent you in court, handling all aspects of the litigation process, from filing claims to presenting evidence and advocating on your behalf.
4. Injunctions and Damages
In cases of trespass or ongoing boundary infringements, we can assist in obtaining injunctions to prevent further encroachment and seek damages for any loss suffered.
5. Comprehensive Property Litigation Services
Beyond boundary disputes, we handle a wide range of property-related issues, including co-ownership disputes, trespass and nuisance claims, and construction disputes.
Fees
We are committed to providing clear and transparent information about our legal fees. We do not operate on a ‘no win, no fee’ basis, but instead offer tailored fees that reflect the complexity and requirements of each case.
Our fee structure comprises our competitive hourly rates and in certain cases we may be able to seek litigation funding. Fees are discussed and agreed with clients at the outset to ensure clarity and avoid unexpected costs.
Need advice?
Contact our property law specialists for clear, confidential guidance.
Call us on 020 7870 2736 or complete our online enquiry form.