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Establishing Rights Over Fences & Boundaries

By: Abigail Taylor - Updated: 29 Jun 2023 | comments*Discuss
 
Fence Disputes Neighbours Boundary

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.

Common presumptions:

  • 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 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

If you wish to fix an exact boundary, you need to:

  1. Try to agree any unclear areas with your neighbours and all sign an agreement to that effect
  2. Ask a surveyor to draw up a detailed plan
  3. Send both the signed agreement and detailed plan to the Land Registry, along with a completed application (https://www.gov.uk/government/publications/exact-line-of-boundary-registration-db), and your application fee (£90)

If you can't agree the boundary line, there are steps that you can take to determine the boundary (see below).

Ways to resolve your dispute

There are several ways in which you can attempt to resolve any issues you have over boundaries:
  • Amicable discussion
  • Mediation
  • Adjudication
  • Courts
Here's an overview of what's involved in each of the above:

Amicable discussion

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.

The best way to resolve any boundary issues is to try to reach an agreement between both parties. Once an agreement is reached, you can inform the Land Registry of the agreement and fix the boundary. However this comes at a cost, and it may be that you and your neighbour can resolve the issue without needing to formally "fix" the boundary line.

Mediation

In mediation, an independent person is jointly appointed by both parties to "police" discussions. It is very much up to the two sides to reach an agreement. Having someone to help ensure that discussion stays on relevant issues can help with this, but both parties need to approach the discussions with a genuine intent to resolve the matter and appreciate that this will involve some compromise on both sides.

This can be a great and comparatively cheap way to reach an agreement that all parties are happy with. Further, the Courts will often stay (put on hold) proceedings to give parties chance to try to reach a settlement via this method. However the "down side" of mediation is that either party can walk away at any point, and so there is no guarantee that the problem will be resolved.

Should you wish to undertake mediation, an RICS accredited mediator (who specialises in boundary disputes) can be found at http://www.ricsfirms.com/accreditations/mediationaccreditationscheme.

Adjudication

Adjudication involves both parties jointly appointing an independent expert who will decide the dispute for you. Both parties agree to be bound by the adjudicator's decision. Many barristers chambers offer this service.

The advantage of adjudication is that it is speedier than trying to resolve the matter via the courts, and a definite solution will be reached. Further parties will usually not be required to make an appearance in person.

The disadvantage is this can be a very expensive option, and in some cases can be more expensive than using the Court system. It can also create further dispute by parties failing to agree an adjudicator, and spending more time arguing over who will resolve the argument than actually working towards a resolution!

Courts

The Courts are of course available should parties be unable to resolve their dispute amicably. Sometimes this may be the best way of resolving your dispute. However I would advocate careful consideration of the following before applying to the Courts.

1. You will usually need to instruct a solicitor to guide you through the Court processes and assist you to best present your case. Solicitors range from approximately £120ph to over £200ph. You will need a number of hours to allow for consultation with your solicitor, receipt of advice, and preparation of your claim / defence with your solicitor.

2. If you are not successful, there is a risk that you may have to pay at least a portion of the other party's costs, as well as your own.

3. The Courts will usually expect you to have considered and attempted a form of alternative dispute resolution, such as mediation (as discussed above).

4. The Courts often have a several month backlog. When you will be able to have your case heard will depend upon your local court's timetable. However in large city centres, this could be as long as six months, particularly if you have a number of witnesses or a large amount of evidence to be considered.

What is the best way?

Before taking steps to try to determine a boundary, first consider why you need to determine the boundary. The above options have varying costs, however all do come at a cost, and it may actually be cheaper to for example jointly pay the cost of repairing a fence rather than spend money determining whose responsibility it is to do so, particularly if this is likely to be a one-off repair. Also remember that disputes with neighbours may have to be declared should you wish to sell your house, potentially making your property less attractive to buyers.

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My neighbour as attached wooden supports for his fence on my side in my garden without asking me as he says his fence is rotten so needs to do this can I ask him to remove these supports
Joey - 29-Jun-23 @ 8:02 PM
i live on a mobile home park and a housing development has just been finished and there is a small landscaped area which abuts our property. The problem we have is the height of the trees and the fact that the branchesoverhang our property. I have contacted the developer and they told me they handed the development over to a management company,upon contacting the management company they informed me they informed me that they had no funds put aside to deal with the problem and asked if i had been in touch with the developer which i informed her i had and sent her attachments of all my correspondence with the developer, she contacted them because they had a fund which deals with this sort of problem and they had no plans to carry out any work on these trees.I find myself in limbo now as nobody seems to want to take responsibility for this problem. Any advice you can offr will be greatly appreciated H
H - 15-Aug-22 @ 9:41 AM
I have just moved in our BNB and the whole street is great, except our Nextdoor neighbour. We have our washing line just over our dividing wall. She said she does not like to see washing on lines, especially as it flaps over her side of the wall. So now she wants to put up a 6 foot fence to stop us hanging out our washing. We don’t have a garden, only a path, so we can't put the line anywhere else. Also being a B&B we need to wash our bedding, plus a tall fence will block out our light and possibly cause damp. Is there anything I can do to stop this fence going up? Especially as the owners do not live in the house, they rent it out.
Pwhodelop - 10-Jun-22 @ 5:29 PM
Can I claim the adverse possession of the garden where my fence erected(30Wx60L), If I am maintaining it from 2004? It is possible that new owner's can reject adverse possession or make me move the fence to original boundary.
bond_c - 1-Apr-22 @ 4:01 AM
We have lived in our house for 26years and never had any problems with our previous neighbours whom actually became part of our family until they both passed ! The man that bought the property 7 years ago has been awful from the start !!! He’s a bully we’ve had many altercations resultingin police being called ! I have a liaison officer wpc Anita wheeler whom has tried mediation and setting ground but this man is an aggressive bully ! He’s now erected a fence in the front that approximately 8ft tall Ito the right of my house !! So we will bd over shadowed especially in the better weather is this legal and what can we do as approaching this man is out of her auestion due to his aggression?? Someone help !!!
None - 6-Dec-21 @ 5:31 PM
I have put some canvas screening on the fence my side but it is owned by my neighbour. The only reason I did this was because there are gaps in the fence and I'm fed up with her looking through there when she thinks I am not looking. I would like some privacy. She has complained by letter as I didnt realise I had to ask her permission. She is one of those neighbours that loves to complain about anything. Can she take legal action against me? Many thanks. Dawn.
Dawn - 1-Jun-21 @ 3:19 PM
I have a dispute with my neighbour about whether the fence between us is his or mine,We are two detached houses, and I have lived here since 1964 When I stand on my front door the fence in question is on my right hand side.His fence needs repair.I have repaired all the fences around my house, tothe left and front and back.Am I right in thinking that the fence to the right of my front door is his responsibility?
juby - 27-May-21 @ 5:16 AM
Hi, my elderly fathers neighbour has removed the fence between the 2 gardens and demanded he pay half to have it reinstated.They have also damaged lots of very established bushes in the process (planted by my late mother). We have checked the Title Deeds and although the fence is on the left of my fathers property it is not marked with the T on the title deeds. The fence has been down for at least a month and my poor father has had to sit in the living room with the curtains drawn for privacy. Is there a time limit to get the fence re-instated? Thanks
shells - 19-May-21 @ 9:39 AM
I have a long wooden fence which divides my garden from my neighbour's paddock.I have lived in my house 35 years and have always been able to enter the paddock to paint and repair this fence with no restrictions from any of the previous paddock owners until now.When I have carried out this work I have always ensured that no paint is spilt or materials are left around and always leave the paddock very tidy after the work is completed.Backalong I had a young man doing some gardening for me and he - without my knowledge strimmed back some nettles in this paddocknear my fence to stop these nettles coming into my garden.Unfortunately, he was seen by my neighbour's wife who was extremely rude to him and threatened to block off my small gate to this paddock and put up a higher fence against one part of my fence which is a picket fence ie approx 4ft high - the other fencing is traditional 6ft wooden panels. This of course would prevent me painting same in the future and obviously it would eventually rot.I saw the wife in the paddock the following day and apologised but she continued to be verbally nasty.Quite a while after I wrote my neighbours a letter stating that I hoped to enter their paddock to have the fence pressure washed to remove green algae prior to painting, apologising again for strimming the nettles back.and being very polite and saying that perhaps we could draw a line under this matter and start again treating each other with mutual respect.However, in the afternoon the husband turned up at my house brandishingthis letter and saying that I was not to go into the paddock on Monday and that he would not let me go in ever again.I agreed to not go in on the Monday but stated that I believed I had a right of way.I asked my neighbour what I had done to upset him so we could talk about itand he just said that the reason was he did not like me and from the very first time he met me, he did not like me! The thing is that I have never been rude or unpleasant to him or his wife and get on really well with my other neighbours. On consulting my originalConveyance I see that I only have the right to empty my septic tank and no official right otherwise.However, I believe that I have established the right to do this by Law as I have been carrying out painting/repairs unhindered for 35 years. I contacted the person who sold me my house originallywho is a well respected farmer and he advised that as I had lived in my house for over 12 years I had now a legal right to enter.I also contacted another well respectedfarming neighbour who agreed that I now had a right of entry.I then contacted another person to get their take on the situation he said he would come over to see me and I told him my story.He said he would help me as a friend because this did not come under Council business - he is a Regional Councillor and former Mayor.He left with a copy of my original letter to my neighbour and said he would look in
Jennywren - 3-Apr-21 @ 2:24 AM
Our neighbour told me he would keep concrete post at bottom of our adjoining gardens, he has now changed his mind , so lied! Also , can he claim back what he says is 8”of his garden, by removing old boundary fence concrete posts and chain, link. Also land been in our possession for over 7 years, but has been in the family for many years, so beyond 12 years? Can he remove concrete fence posts and chain Link? And also claim the extra inches between, that and a fence a previous owner had put up , leaving the gap between their fence and the chain link. The gap being in our side of garden, for over 12 years between us and our family ?
Conpo - 15-Mar-21 @ 12:23 PM
THE MAN AND WOMAN THTA HAVE DAMAGED MY FACE WITH THEIR OWN HEROINE ADDICTION HAVE THROWN THIS ON ME FOR FORTY YEARS THYE HAVE MOVED DOWNSTAIRS TO FINISH WHAT THYE NMEED TO DO TO ME THYE HAVE USED MY ART THEY HAVE USED WHTA THYE CAN TO USE MY WORKS OF ART CXOST THEM A FORTUNE THEY NEED NOT PAY IF THEY MOVE DOWNNSRTAIRS AND THEN PRTEND THIAS IS RTHEIR FALT THYE LIVE IN THIS FALT AND PERSUE MY WHOLE LIFE USINGF ALL MY CLOTHES SHOES AND BED THYE THEN PERSISIT IN FOLLOWING ME AND STEALING EVERY PENNY I HAD IN THE BANK THYE HAVE DONE THIS OPENLY FOR THE SAKE OF GETTING RID OF MY FACE FOR THEIR CHILDREN WHO GO TO A DRUG DEALER FOR MY FACE TO BE WRECKED AND HAIR IT IS COVERED WITH HEROINEW I GO TO THE OUTSIDE EACH DAY THEY FOLLOW MW AND THEN FILL MY BAGS THEY HAVE DONE THIS IN GREEECE THYE HAVE BEEN FINED ALREADY WGHY HAVE THEY NT BEE N SENT TO THE AN UNIT FORDRUGS THYEN HAVE TRIED TO USE ALL THEIR DRUGS IN MY FLAT THEN GO DOWNSTAIRS THYEN HAVE BEEN INVESTIGATED BY MY OWN INVEASTIGATIORS FOR MY OWN SAFETY SEE MY FACE IN THE NIGHT SHE STANDS AT THE WINDOW FULL OF HEROINE STAINS AND TAKES DRUGS THEN FILLS MY EYES WHICH WAKE UP AND SEE THEM THEN SEE THE REST OF THE BODY AND FACE THEN THYE NEED ME TO BECOME UNCONSCIOUS THYE ARE TO ME ADDICTS TIO BE TAKEN WAY GET A SOLICITOR TO DO JHIS NOW THEY DO TJHIS TO ALL THE CLOTHES ALL THE UNDERWQEAR TAKE IT OUT OF THE WASHING MACINE AND THE WARDROBES FILL THE CLOTHES WITH HEROIN AND GIVE THEM TO WEAR THEIR CHILDREN TBHE ARE ADDICTS
SHARON - 12-Mar-21 @ 2:44 AM
GET ME A SOLICITOR WHO CAN GET ME A COURT ORDER TO TO GET THEM TO STOP DAMAGING MY FACE AND BODY WITH THEIR OWN ADDICTION THTA IS KNOWN TO THE WHOLEW OF THE HOUSES OF PARLIAMANT THEY HAVE NO RIGHT TO COME TO MY FALT AS THYE ARE HEROIEN SEEKERS FOR HEROINE I SEE THE DAMAGE FFROM THEM IN THE DAY IN THE FLAT AND OUTSIDE THYE HAVE DESTROYED MY FACE FOR THEIR CHILDREN TO GET THE WORK I CREATE THERY HAVE TAKEN MY BUSINESS TO PROVE APIONT TO THE MAN THAT HAS PRACTISED MY ART A COURT ORDER TIO EVICT THEM ALL
SHARON - 12-Mar-21 @ 2:35 AM
We have been living in our bungalow for the past 38 years the next door neighbour shave been their for 32 years, been no problems with the boundary in that period. In May 2020 the neighbours decided to erect a fence at the front of the house on the West boundary which belongs to us, our house was on the market at the time, we had to take it off the market, They erected it without permission in our front Hedge, I explained to them that the boundary belongs to us and it is in the wrong position as per the title deeds, also that there is a protocol to follow via the HMLR, I offered to show them the documentation they declined to see it, also i wrote to them via registered mail detailing the correct way to go about it in accordance with the Law, to erect the fence without a survey and us agreeing was illegal, We had a survey carried out showing dimensions of the boundary in our favour it and then started the legal process, 9 months later the neighbours had a survey carried out? after erecting the fence? We have now been drawn into along protracted costly legal process, through the neighbours actions? It makes our property worthless also the neighbours, Is there any easy way to resolve this issue, the neighbours are stubborn and resorted to lies now, It seems unbelievable to be put in this situation by no faults of your own, Is there a simple way to sort this out, the options I have read don't seem practical, If the solicitor sends a letter I feel it will go on a long time at great cost, Or do i nothing and let it pan out in time? Appreciate any advise,
Will - 25-Feb-21 @ 3:18 PM
We live in a one property semi detached house and have particularly bored neighbours who love to comment on everything we do and look for problems. The latest, out of nowhere after 2 years. The two houses are separated by a hedge, which stops ahead of the front doors, meaning that there is an access way between the two houses which has never been an issue and handy for a postman! However, we have recently noticed that our neighbours have started to use our front drive pathway to come in and out of their property. They cross from their front door, onto our side of the hedge and then walk up or down our path to the road/their door. The reason the have just started doing this is because they have (as just a late 50s couple, no kids) bought a 3rd car and their drive way is full) We bought 2 plant pots to block the space up as we have two young girls who feel uncomfortable seeing a man (who has never been nice to them) walking around outside their playroom window, plus myself as a woman alone on the house, equally, I really don’t like it. However they keep moving our pots to open the access back up. The deeds from the land registry don’t show this as their path, it’s also in line with our property, so I can’t see why they think this is ok? Does anyone know of any old reason why a semi detached would have a shared access path of very clearly not in the middle, and on one side? Thanks in advance.
CJD - 21-Nov-20 @ 12:48 PM
We live in a one property semi detached house and have particularly bored neighbours who love to comment on everything we do and look for problems. The latest, out of nowhere after 2 years. The two houses are separated by a hedge, which stops ahead of the front doors, meaning that there is an access way between the two houses which has never been an issue and handy for a postman! However, we have recently noticed that our neighbours have started to use our front drive pathway to come in and out of their property. They cross from their front door, onto our side of the hedge and then walk up or down our path to the road/their door. The reason the have just started doing this is because they have (as just a late 50s couple, no kids) bought a 3rd car and their drive way is full) We bought 2 plant pots to block the space up as we have two young girls who feel uncomfortable seeing a man (who has never been nice to them) walking around outside their playroom window, plus myself as a woman alone on the house, equally, I really don’t like it. However they keep moving our pots to open the access back up. The deeds from the land registry don’t show this as their path, it’s also in line with our property, so I can’t see why they think this is ok? Does anyone know of any old reason why a semi detached would have a shared access path of very clearly not in the middle, and on one side? Thanks in advance.
CJD - 21-Nov-20 @ 11:55 AM
We have owned out property for over 25 years and was converted from outbuildings on my parents in laws land which was previously a farm house.our land backs onto the field as obviously the cattle use to use or house which was outbuilding and the gate has always been there.However the farm hasnt been used as a farm for many, many years.Recently a chap has bought the field and has said we are not allowed to use the gate to walk around the field into adjacent woodland. As we have used this for over 25 years do we have any legal rights.
eggs - 3-Nov-20 @ 9:28 AM
My neighbour wants to put a wall up on my side of the boundary wall, which will run all the way from the front to the back garden, wants to remove my hedge, which I maintain all the time and never asked him to look after it, my front door is on the left hand side ofthe house from the front ofthe housewith gatesto separate the front of the garden to the back garden between my house and his extension.My question is how much space does he need to leave between the boundary point and can he put a wall up in front of my front door and back door this will also leave me vulnerable to anyone jumping over my gate to the back of the house, The neighbour has an extension up to the boundary (with 12ins between his extension of house wall and the boundary). Can he put a wall up in front of a wall.
Is - 17-Oct-20 @ 6:55 PM
I own a terraced house for 30 years and the right hand side I have a concrete wall maintained by me ,to the left is No 5 and the timber fence always maintained by the previous owners. The new neighbour has been there for almostv5 years and demanded that I share the cost to replace the entire fence after few panels collapsed due to a storm. I informed them that that fence is theirs and I have no intention to pay towards its replacement.Not because I did help them with the cost of replacing 2 panels in the front garden it means I share the rear. The front panels according to them were damaged by my daughter placing rubbish sack on them which was not true but to keep the peace I paid them£120.00 1- have they got the right to force me to share the cost as they claim it is party wall? 2- What if I do not want a fence at all ,can they legally force me to participate in its replacement cost? Thank you.
Micky - 12-Oct-20 @ 4:18 AM
I live inrented flats been here 10 years never any problemtollmy neighbour put a fence up in back garden and decidedto rent the couple that move indecide to take the fence down and re do it coz of bad weather part of it fell but now he has madeit 7ft tall it's not safe it's not straight half of it is in my garden and half is in theres is there anything I can do bout it
Lilman1988 - 12-Oct-20 @ 3:59 AM
I had a dispute with neighbour about high shrubs up to 3m high on front garden blocking my daylight seporating our boundarys. I was told by the the owners of the ajoining land council/housing group i can't do nothing about it and if I touch the fence I will be done for criminal damage but I can't do nothing about them erecting fence up on my land ?
Hodge - 4-Oct-20 @ 4:19 PM
We have a field that runs along the end of our neighbours garden. They have put a gate in the fence at the end of their garden which opens onto our field/land. Is someone allowed to do this if they have no legal right of access to the land? Thanks so much, Vicki
Vicstar - 21-Sep-20 @ 8:41 PM
My drive runs down the side of my house to the garage, next doors runs alongside, my drive is about 6” higher than theirs and had edging that borders mine, obviously to stop us driving over the edge and onto next doors, my neighbours want to erect a fence but want to remove the edging (without asking) can they do this? It will make using my drive very difficult
Stressed - 5-Sep-20 @ 8:49 AM
Hi I recently bought my detachedhouse from the council my neighbour has painted my fence and its come onto my side of the fence which looks unsightly unless of course i decide to pain it in a coulour which would be odd so i have deided to remove said fence as its mine anyway he is demandidng i put up a 6 ft fence so he has privacy however mine is a totally detached property and his is an end terrace i also took doen my fence a the bac of the property and he has now encroasched onto my land and had a new fence put up wihout my permission how do i go about removing it ?
Detached house1 - 2-Sep-20 @ 4:52 AM
i had a fence put up with concrete post between each panel it was put up on my land one side faces me and the other side faces there garden can they paint it without my permission as i paid for it to have privacy
chris - 1-Sep-20 @ 4:48 PM
My property is a strange back to front L shape. Facing the property, the fence in the front garden has two angles on the left hand side. The adjoining property has three angels. My Deeds do not have an inward facing T on any of the angles in the front garden. The adjoining property has an inward facing T on one angle of the fence which is on the left hand side of their property. Does ownership run along the whole length of fencing?
Jules - 17-Aug-20 @ 2:56 PM
my neighbor put up unsightly metal posts on the dividing property line between our lots months ago but never put up actual fencing which he has rolls of laying all over can i make him complete the fence as it is unsightly and his lot looks like a junk yard?
m - 12-Aug-20 @ 4:54 AM
Hi can you advise me. My neighbour has taken down a joint boundary hedge and erected a six foot fence but moved the fence onto her land and left me with concrete posts that have been cut down leaving them about a foot sticking up out the ground. She said she had given me more land well 6 inches hardly enough to develop. Is this legal to leave the cut down posts on my land.
Viv - 5-Aug-20 @ 3:56 PM
My neighbour has just bought her house off the council and all she has done since is made my life a misery,I bought my house years ago not from the council.I had put a new shed up as it was the boundary she didn’t like that so when it was finished she hung a great big planter on it then she had a new fence and she attached it in front of mine saying the bricks under the concert on my side were hers I’ve been to a lawyer who sent out letters I got the boundaries measured everything was in order but she is a law of her own !! Court is next but she won’t take note
Star - 24-Jul-20 @ 3:28 PM
I once had a girlfriend...I rode her bareback.... ...she didn't get up the duff...but still wanted me to give her baby money... ...should I stick up a fence and tell her to do one?
McLovin - 7-Jul-20 @ 9:33 PM
Kip - I realised the same after posting - Maybe the admins no longer monitor the site and there's no useful means to respond to a particular comment and create a thread! Good Luck :-)
jonno147 - 30-Jun-20 @ 8:06 AM
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