Adjoining neighbours can sometimes get into a dispute about the position and ownership of a particular boundary, be it a fence, wall, barrier or some other kind of boundary line. Often the Boundary Disputes will arise when one party wishes to use part of the land for something particular and the adjoining neighbour opposes that on the grounds that the other is encroaching upon their land.
Alternatively, arguments also arise where damage has been done to a particular fence or wall, for example, which then needs repair and the decision over who is going to foot the bill.
How to Establish the Boundary Lines
Usually, the most common way of establishing boundary lines is to check the deeds of the properties involved and, more often than not, there will be a clear demarcation of exactly where the boundaries are. However, this is not a foolproof method as previous owners of the houses concerned may have agreed to alter the boundaries for one reason or another yet have not informed the Land Registry.
Another point to consider is where one party has been using the disputed area of land continuously for the past 12 years. This is something that is termed as ‘adverse possession’. It can be quite complex to understand and in this situation, it’s better to seek legal advice if the dispute cannot be resolved amicably.
Establishing Boundary Areas Which Aren’t on the Deeds
There are certain boundary areas that will not be included within the deeds, such as party walls, hedges and ditches and fences. Most of the time it’s simply presumption that determines who owns what and whose responsibility it is to maintain certain boundaries or barriers, but a rough guideline in a dispute would be that a fence where the posts are supported on one side would be the responsibility of the person whose side contained the posts.
If two properties are divided by a hedge and a ditch, the person whose side the hedge is on is responsible as the rightful owner, although there’s no presumption if there’s a hedge only.
Interior walls which separate the likes of a semi-detached property are usually deemed to be the responsibility of both parties, and any repairs which might be needed are, in most instances, divided between both parties if the damage affects both sides.
Costly Disputes
Disputes over boundaries and your rights can run into several thousand pounds and even six figure sums in more complex cases should you decide to take the matter to court. This can cause immense stress and even more serious illnesses, so the best way to resolve any boundary issues is to try to reach a resolution which both sides can mutually agree to.
Getting A Solicitor or surveyor involved will be very expensive. By both parties understanding the reasons which have led up to the dispute and by understanding the other’s side too, an agreement can often be reached without either side having to spend a penny. Once you have agreed any new boundary line which is mutually acceptable to both parties, you should then contact the Land Registry who will record the new boundary lines which you have both agreed upon.
Re the Question by " cat" on December the 11th, Was there any outcome?? as we have had a similar problem. Thankyou Len.
len - 30 January 2012 @ 11:46 AM
Under English Law, which fence between neighbours belongs to a house. Is it the right or left side facing the house from the front?
Ted - 22 January 2012 @ 4:37 PM
My neighbour has erected a 6ft high fence next to my garage and driveway, this new fence stops anyone parked on my driveway from opening the passenger door of their car wide enough to allow access to the vehicle, and if the door was opened it would hit the fence damaging the car and the fence. I have informed my neighbour of the problem, to which they were most rude and refused to do anything. Is there anything I can legally do, to get the fence removed?
cat - 5 December 2011 @ 10:58 PM
The front gardens of our houses are "open" ie no fencing with boundaries and are typically demarked by the line of the drive ways. I have maintained my front garden which is mainly laid up to my neighbours driveway for over 15 years. My new neighbour now wants to widen his driveway to the line shown on the deeds which encrouches on the garden space I have maintained and will bring his drive across the front of my house. What are my rights and can I prevent this? I live in England
Fisherman - 27 November 2011 @ 12:52 PM
I have just erected a fence along my boundary I know it is generally expected that I should point the face of the fence (the good side) in the direction of my neighbour. How do I stand legally if I don't ?
Parkhall - 24 November 2011 @ 9:22 AM
My nieobourgh in2005 put slabs up against my fence . We live on a hill so his house is higher up then my house . He as not got a dropped kerb and started to park on it in time my drive flood when it rains I've had engine oil down the gravel board one gravel board as cracked and one post is bending wi the car been parked on it . He did stop parking on it till he bought another car I told the counc that I wanted the slabs removing . They give him fourteen days to do it but then I got another letter say they should not be moved so he started to park on it again .so I told his son not to park of which he told me to stop f***ing moaning then the day after he blocked drive with his van what can I do
Fatcat1970 - 4 November 2011 @ 9:06 PM
Roots of my next door neighbours tree have damged my wall. The tree was taken down but a stump of around 5 feet in height was left. The roots grew under the wall and raised the wall upwards causing it to lean into my garden. The neighbour doesn't want to get involved and has always stated the wall belonged to me and it was my problem. Got a structural Engineer in, he says it's a party wall and that the roots of the tree have caused all the damage. I agreed a verbal agreement with the neighbour that i would do all the labour and he would supply the materials to erect a fence. Now he has renaded and says I should have to pay towards the skips. This dispute has gone on for nearly five years now and I have no boundary wall. What are my legal rights and what is the neighbours responsibility?
Tom - 22 October 2011 @ 2:17 PM
I recently replaced a short fence with a taller one using the same posts for the smaller ones but with extensions fitted to accommodate the taller fences.The neighbour nextdoor has complained that the fences lean over his boundary line. What is my position on this as presumably the smaller fences also leaned over and he never complained then. Do I have to do anything or is be being just petty?
JJ - 29 August 2011 @ 4:25 PM
I live in a detached bungalow with the drains running in a space between my house and my neighbours on my land. Recently the neighbour called to say his ground floor WC was blocked, as dyno rod had investigated his drains he wanted to access my drains for inspection. This involved moving a lot of building materials some of which were damaged. On gaining access to the inspection chamber it was clear that a connection had been made into my drain at some time. Is this Legal?
Strongbow - 14 August 2011 @ 8:29 PM
I have recently installed a fence along my boundary line to the front of my house. My neighbour is insisting that he wants to paint his side of the fence, but technically this situated within my boundary lines. After repeated harassment, I have now removed he fence panels (lattice work type @ 1m high) leaving in the concrete fence posts and gravel boards. I also have a feeling that he will next try and complain reference the drain cover which lies across the same boundary line, which we replaced recently at our own expense, as we were having the drive re tarmaced and it was damaged. Any advise re technicalities over these issues would be welcome.
