Property boundaries – how disputes can tip neighbours over the edge

How we can help
11th May 2020

With people spending more at home than ever before, DIY projects are in full swing as people seek myriad ways to keep themselves occupied. Unfortunately, when it comes property boundaries and pruning hedges, neighbourly niggles can still occur.

These arguments can easily spill over into a legal dispute, and resolution can be a costly and time consuming process.  Nicole Rogers, Solicitor at DAS Law, looks at how to avoid a boundary dispute…

How can I best avoid a boundary dispute in the first place?

Boundary disputes occur when two people both believe they have the right to a piece of land. They often begin when one person puts up a fence or wall on land which another person thought belonged to them.

The best way to avoid a boundary dispute happening in the first place is to try and firmly establish the boundaries of the land before you change anything. Even work which you do not think will change anything could lead to trouble if you are not cautious.

For example, if you intend to replace a hedge with a fence, you should bear in mind that a fence will set a far more specific boundary than the hedge did, and this could lead to a boundary dispute if your neighbours do not agree with where you have put it. For this reason, you should never change or add a boundary divider without checking with your neighbours first.

How can I find out the exact boundary of my property?

In order to properly establish a boundary, you should first gather as much information as possible about your property and the properties bordering it. Consult your title deeds and obtain information from the Land Registry. This should give you some idea of where your property begins and ends.

In many cases, the boundaries of property are only vaguely defined, so existing documentation may not give you exact information. The best way to deal with this situation is to reach an agreement with your neighbours on where the boundary should be. Taking the time to reach an agreement in this way is a far better approach than facing off in a costly court battle over what may amount to less than a few feet of land.

Obtaining help from a solicitor or chartered surveyor is an option at this point if you are concerned about the outcome.  Once you have found an acceptable compromise with your neighbours, have them to sign an agreement stating their acceptance. You should then employ a surveyor to draw up a plan specifying the agreed-upon boundary and submit it to the Land Registry, ensuring that the boundary is clearly established in the records.

Consult your title deeds and obtain information from the Land Registry. This should give you some idea of where your property begins and ends.

Obtaining help from a solicitor or chartered surveyor is an option at this point if you are concerned about the outcome.  Once you have found an acceptable compromise with your neighbours, have them to sign an agreement stating their acceptance.

You should then employ a surveyor to draw up a plan specifying the agreed-upon boundary and submit it to the Land Registry, ensuring that the boundary is clearly established in the records.

If there is any dispute over the boundary, what is the process for resolving the issue(s)?

If you are already involved in a boundary dispute, you will probably need to seek advice over the issue from a chartered land surveyor or a chartered surveyor who specialises in boundary disputes. Proving which parts of the land belong to whom will mean looking over the deeds to the properties involved and consulting the Land Registry’s records.

It may be that the boundary can be established by the surveyor’s report, but often they find that it is not clearly defined, or your neighbour hires a surveyor who disagrees with yours. When no agreement can be reached between you and your neighbour, the case will likely end up going to court, where a judge will rule on the location of the boundary resulting in the extent of each party’s land being clearly defined.

For properties that have an ‘invisible’ boundary, am I allowed to erect a wall or fence to determine the exact boundary line?

A party wall is a wall shared with your neighbours. This can include the side walls of semi-detached or terraced houses, and garden walls which are built on both sides of a boundary.

Under the Party Wall Act 1996, anyone planning to carry out certain work on a party wall is required to obtain the agreement of the other person to whom the wall belongs.

You must obtain written agreement from your neighbour if you intend to:

  • Knock down and rebuild a party wall.
  • Cut into a party wall so that it can hold up a beam.
  • Increase the height of a party wall, removing anything on it which might prevent this.
  • Strengthen the foundation beneath a party wall or part of one.
  • Place a damp-proof course layer within a party wall.
  • Cut a flashing into a building adjoining a party wall.

If you wish to carry out any of these types of work on a party wall and you do not have the agreement of your neighbour you must obtain a formal award under the Party Wall etc. Act 1996 (known as a party wall award) from a Party Wall Surveyor before commencing the works.

Most ordinary household tasks such as adding shelves or re-plastering a wall are not affected by the Party Wall Act. It only covers work which could potentially affect the structural integrity of a party wall.

The Act also requires you to get permission for some types of building work not relating to party walls, including:

  • excavating foundations lower than the foundations of a neighbour’s structure within three metres;
  • excavating foundations below a 45° line drawn from the bottom of the foundations of any structure within six metres belonging to a neighbour;
  • building a new wall straddling the boundary of your property and theirs.

Similarly if you are planning to do any of this and do not have your neighbour’s agreement you should obtain a party wall award before commencing the works.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.

Get help with boundary disputes

Nicole Rogers

Senior Associate, Solicitor

Learn more
What to do if your neighbour’s Bonfire Night party causes a nuisance

Grace Dutton sheds light on the laws surrounding Bonfire Night and private firework displays.

November 2023 Learn more
Neighbour noise complaints

Most people make some sound now and then, but continuous noise coming from the property next door can really disrupt your life. If you are having problems with noisy neighbours, here’s what you can do about it.

March 2018 Learn more
Handling disputes with neighbours

We would all like to live in peace with our neighbours, but sometimes that isn’t how things work out. Here's what you can do if you are having neighbour problems.

March 2018 Learn more

Read more from the DAS Law blog

Property disputes What to do if your neighbour’s Bonfire Night party causes a nuisance

Grace Dutton sheds light on the laws surrounding Bonfire Night and private firework displays.

November 2023
General advice , Property disputes How far you can legally go to stop someone from playing a trick on you this Halloween

Halloween is generally a ‘spooktacular’ time for all but a few bad apples can spoil the fun. So what can you do if someone chooses to play a trick and damages your property?

October 2023
Property disputes How to ensure your relationship with your neighbours doesn’t become hot and bothered

Sahib Ullah Raj from DAS Law explores the various disputes between neighbours and explains the legal options available.

September 2023
Property disputes Don’t let your private hedge be a hazard to public footpaths

Charlotte Ellis at DAS Law explains how to stay on the “right side of the law” and avoid being a nuisance when it comes to your garden or driveway.

May 2023
Property disputes Airbnb and holiday lettings: What to do with the staycation boom

Bethan Mack, a solicitor at DAS Law, answers the most important questions for existing Airbnb hosts and those thinking of renting out their properties.

April 2023
Property disputes Renting Homes (Wales) Act – What do landlords need to know

The Renting Homes (Wales) Act amendments simplifies how you rent properties. Here are the key changes for landlords.

January 2023
Property disputes Building Safety Act 2022 – Who is responsible for ensuring new properties are safe?

What are the legal responsibilities of constructors and owners under the Defective Premises Act 1972? Who else can be held responsible? Corey Evans, Paralegal at DAS Law, has the answers.

August 2022
Property disputes Renting to friends and family – make sure you’re still friends by the end of the tenancy

Tom Pertaia, Associate at DAS Law, offers guidance on the issues and questions landlords should consider when renting to friends and family.

August 2022
Property disputes Section 21 notices - what the end of “no-fault evictions” could mean

The Renter’s Reform Bill was proposed to improve protection for private renters in England, including the ending of section 21 notices.

June 2022
Property disputes Struggling to pay your rent? Here’s what you need to know

The eviction ban in England and Wales has now been extended further; landlords are not able to legally enforce an eviction order until after these bans have ended.

July 2021
General advice , Property disputes Everybody needs good neighbours. But what can be done if someone refuses to be neighbourly?

What happens when a neighbour’s plant is growing across onto your property? And what can be done if a neighbour’s tree is blocking the light into your garden?

May 2021
Property disputes Landlords – what you need to know about increasing your tenant's deposit

It’s hardly surprising that landlords are considering increasing deposits to reduce their Covid-19 risk. Nevertheless, the Tenant Fee Act limits what you can do with deposits so, as a landlord, what are your options?

February 2021
Property disputes Rent guarantors – what landlords need to know

With landlords increasingly worried about securing their rent income during Covid-19 is requesting a guarantor the answer? Saiful Ahmed, Legal Adviser at DAS Law, tells you what you need to know.

February 2021