When you buy a property, you probably assume you know your property boundary and where your land begins and ends. But in reality, the exact line that separates your property from your neighbour’s isn’t always as clear as you might think.
What Is a Property Boundary?
A boundary is the invisible line that marks the edge of your land. It might run along a fence, a wall, a hedge, or even through the middle of a shared structure like a party wall. But just because a fence is there doesn’t always mean it’s in the right place.
Can You Rely on the Land Registry Plan?
Most properties in England and Wales are now registered with HM Land Registry. When you look at your title plan, you’ll see a red line around your property. However, this red line is only a general guide. It doesn’t show the exact legal boundary. That’s because the plan is based on Ordnance Survey maps, which aren’t detailed enough to pinpoint precise lines.
So How Do You Know Where the Property Boundary Really Is?
To work out the true boundary, you may need to look at:
- Old title deeds and plans
- Descriptions in legal documents
- Historic maps and photographs
- Physical evidence like old fences, hedges, or tree stumps
- Measurements from fixed landmarks
- Expert reports from surveyors
Sometimes, even the memories of long-time residents can help, though these are usually less reliable.
What If You and Your Neighbour Disagree?
Boundary disputes often arise when one neighbour builds a fence or structure that the other believes crosses the line. If you can’t resolve it between yourselves, you may need to apply to the Land Registry or take the matter to court.
Before it gets that far, it’s common for both sides to hire surveyors to prepare expert reports. These experts may then meet to try to narrow down the disagreement.
Legal Presumptions That Might Apply
In the absence of clear evidence, the law makes some assumptions about where boundaries lie. For example:
- If your land borders a road or stream, the boundary is usually presumed to go to the middle.
- If there’s a ditch and a hedge, the boundary is likely to be on the far side of the ditch.
- If there’s a dividing wall or fence, it may belong to the person on the side with the posts or supports.
These are just starting points and can be overturned by stronger evidence.
Can You Change a Property Boundary?
Yes, in some cases. If both parties agree, a boundary can be altered, even by a verbal agreement, though it’s always better to put it in writing. If one party has used a piece of land for many years without challenge, they may also be able to claim ownership through a process called adverse possession.
What About Going to Court?
If a dispute escalates, the court can make a formal declaration about where the boundary lies. In urgent cases, such as when someone starts building over the line, you can apply for an injunction to stop the work until the matter is resolved.
A Better Way: Resolving Disputes Without Court
In 2017, a Boundary Disputes Protocol was introduced to help neighbours resolve these issues without going to court. It encourages early discussion, expert input, and sensible negotiation. While it’s not compulsory, it’s a useful tool that can save time, money, and stress.
Parties can also choose to resolve their disputes by participating in a mediation or appointing a surveyor and agreeing to be bound by their decision as to where the boundary lies
If you’re facing a boundary issue or simply want to understand your property rights better, our team of experienced solicitors is here to help. We can guide you through the process, explain your options, and work to protect your interests, whether that means negotiation, registration, or legal action.
How can we help?
Simon Waterfield is a Partner in our expert Dispute Resolution team, specialising in property disputes, rights of way claims, landlord and tenant disputes and commercial disputes. With over 30 years of experience, Simon Waterfield and his team are experts in resolving disputes between neighbours. Simon provides pragmatic and clear advice to achieve a resolution as cheaply and quickly as possible
For more information on the subjects discussed in this article, get in touch with Simon or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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