Establishing Rights Over Fences & Boundaries

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 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 and reach a resolution which both sides can mutually agree to.

Solicitors and surveyors are 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.