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Establishing Rights Over Fences & Boundaries

By: Abigail Taylor - Updated: 15 Jul 2017 | 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 neighbors are trying to extend an existing fence that is attached to my garage.Can i stop them?
Bazzalad686 - 15-Jul-17 @ 6:08 PM
We put a new fence up all around our garden about 3 years ago, We replaced our right side neighbours fence as the council would not do it for her. On the left side we have seen that the neighbour has attached an ugly board with barbed wire attached and nails poking through on our side to our fence, he did not ask our permission and it is dangerous, the simple thing would be to ask him to remove it, if only it was that easy, this man is rude and arrogant and put us through 3 years of hell drumming on a full set of drums for over 3 years, and it was a job to get him to stop and We went through all the right channels, he has also threatened to attack my husband when he asked him tokeep the noise down, We had to phone the police ( although they did nothing). I know for a fact if the boot was on the other foot and it was us who attached something to his fence he would have been banging our door down and shouting at us to remove it. I really don't want any interaction with him as God knows what he will do but at the same time I do not want him to think that he can do any he wants when he wants even if that means to our property!!
Greentea - 11-Jul-17 @ 12:24 PM
Reallyneed some advice Have bought my house 20 yearsago and neighbour next door (housing association tenant)has caused many issues over the 20 years, drilling psst 11pm, slamming doors all our of night past midnight,sorting his recycling at midnight, he has even come into our garden and moved our bin and we were away and he scared the person looking after our house. I could write a book on the issues we have had, the one i am totally baffled with is this : Housing association installed a picket wooden fence on the shared boundary line, i come home yesterday and my neighbour has attached wire mesh to every panel but not on his side, on mine....please, is it me or am i missing something, surely no one has the right to do this...i am livid but need to know if i can remove this as it is in my garden
Noodle - 17-Jun-17 @ 6:41 PM
I own an old semi detached house for 30 years with a 60ft.boundry hedge in the back garden.Alandlord now owns the adjoining semi.the house has been lying idle for 6 months.The previous Tennant never cut the hedge and I have been asking the landlord to cut it as it has become so wide we cannot reach over to do it.We are in our 70s and it has become a burden.Can we remove the hedge and pay for fencing without his permission? He rarely calls to the house and I have no contact number for him.But so far he has ignored my request to cut it I am getting desperate
Pensioner - 17-Jun-17 @ 3:06 PM
lil mouse - Your Question:
Have a rather unusual issue with a neighbour refusing to replace the gates to his property. Moved into a council property on a dead end street in 2009, very quiet with hardly any footfall, though the rest if the estate is quite 'rough'. Several houses had previously been built at the "dead end" of the road, forming a T with the rear of the houses to side end of our terrace. These houses are accessed by an unadopted road to the front, beyond which is a canal. However, the end house had gates fitted in his rear panel fence to allow his car access via our street (he also had a metal swing barrier fitted on the unadopted road side at the same time to stop his neighbours driving to their houses) Now the gates, being wooden, have rotted away so the owner has removed them completely. Our street is now being used as a shortcut by the whole estate, at all hours. What used to be a peaceful place now has gangs of children using as an escape route after playing "lets throw stones at cars" or try and get a chase off some one as there's now 3 different directions to scatter. Drunks pass by at all times, swearing and shouting and virtually every house on the street have had items stolen by opportunist theives, to the point the owner causing the problem had all his garden furniture taken last week. Don't know if there's any legal obligation on him to replace them and don't feel he's reasonable enough to have a sensible conversation with about the problems, but hoping now he's finally had his property taken he'll do something to fix it

Our Response:
Is your neighbour's property council owned too? They may be able to insist that he maintains his fence/gate etc. Thelocal police might be able to help with the antisocial behaviour. A solicitor will be able to help you with the legalities of who's allowed access etc. Start with your local councillor, they may be able to access the right people more easily.
ProblemNeighbours - 6-Jun-17 @ 12:53 PM
Have a rather unusual issue with a neighbour refusing to replace the gates to his property. Moved into a council property on a dead end street in 2009, very quiet with hardly any footfall, though the rest if the estate is quite 'rough'. Several houses had previously been built at the "dead end" of the road, forming a T with the rear of the houses to side end of our terrace. These houses are accessed by an unadopted road to the front, beyond which is a canal. However, the end house had gates fitted in his rear panel fence to allow his car access via our street (he also had a metal swing barrier fitted on the unadopted road side at the same time to stop his neighbours driving to their houses) Now the gates, being wooden, have rotted away so the owner has removed them completely. Our street is now being used as a shortcut by the whole estate, at all hours. What used to be a peaceful place now has gangs of children using as an escape route after playing "lets throw stones at cars" or try and get a chase off some one as there's now 3 different directions to scatter. Drunks pass by at all times, swearing and shouting and virtually every house on the street have had items stolen by opportunist theives, to the point the owner causing the problem had all his garden furniture taken last week. Don't know if there's any legal obligation on him to replace them and don't feel he's reasonable enough to have a sensible conversation with about the problems, but hoping now he's finally had his property taken he'll do something to fix it
lil mouse - 3-Jun-17 @ 7:42 PM
Sol - Your Question:
Hi. I purchased a house a year ago knocked the existing property down the fences that devised the boundaries either side remaind in place, a new house was built within the existing fences , the neighbour to the right objected to the development, at the end of the development a fence was erected to the inside of the existing fence on the right of the development for asthetic reasons leaving the existing fence on the neighbours side, the neighbour has sent me leter of dispute because I have not installed new fence boards on his side, the fence remains as was when I purchased it a year go. the neighbour has said that the dipute will call problems when I sell. My question is will it.

Our Response:
It may have to be declared but if you've resolved it, it shouldn't be an issue. Check your title deeds, these often say who is responsible for maintaining the fence. Often a fence is belongs to one owner or another. f the fence belongs to you and there are no conditions detailed with the deeds about maintaining it, then you can actually choose not have a fence at all if you so wish. Likewise if the fence belongs to your neighbour, he/she is repsonsible for its upkeep etc.
ProblemNeighbours - 31-May-17 @ 10:17 AM
We recently bought our council house which is a semi-detached. The adjoining property is also now privately owned.Our neighbours tell us the fence between the 2 properties is theirs although our plans show it as a party fence. We would not be bothered about who owns the fence except that the fence is totally on our side of the party wall which runs right down the centre of both our properties from front to back. Surely they cannot own this fence. Their property has had its rendering painted and even the paint line is completely on their side of the concrete fence panel. Can they possibly own this fence?
KathCliff - 29-May-17 @ 4:40 PM
Hi. I purchased a house a year ago knocked the existing property down the fences that devised the boundaries either side remaind in place, a new house was built within the existing fences , the neighbour to the right objected to the development, at the end of the development a fence was erected to the inside of the existing fence on the right of the development for asthetic reasonsleaving the existing fence on the neighbours side, the neighbour has sent me leter of dispute because I have not installed new fence boards on his side, the fence remains as was when i purchased ita year go. the neighbour has said that the dipute will call problems when I sell . My question is will it.
Sol - 28-May-17 @ 8:08 PM
smallmother - Your Question:
I live in Scotland. I bought my council house some years ago. A four-in-a -block property, which means the downstairs flat has a back and front door and I in the upstairs flat have a side door and the path is communal for access by downstairs for building work, removal of bins etc which all other neighbours in the street have no problem with as each flat respects the privacy of the neighbour who lives upstairs. I have paid for fencing paving etc as I upgraded my flat and ground area My neighbour has stopped using her front door at all and only uses her back door They walk past my door, as do visitors, family members etc, even if I am present. I am tired of the intrusion. Is there anything I can do to stop this?

Our Response:
Is your neighbour still a council tenant? If so it might be worth contacting them to let them know she is using the path for more than just "bin access etc". If not, it might need to be a private civil action (check the wording on the deeds of all the owners if you can).
ProblemNeighbours - 8-May-17 @ 2:19 PM
I live in Scotland.I bought my council house some years ago.A four-in-a -block property, which means the downstairs flat has a back and front door and I in the upstairs flathave a side door and the path is communal for access by downstairs for building work, removal of bins etc which all other neighbours in the street have no problem with as each flat respects the privacy of the neighbour who lives upstairs. I have paid for fencing paving etc as I upgraded my flat and ground areaMy neighbour has stopped using her front door at all and only uses her back doorThey walk past my door, as do visitors, family members etc, even if I am present.I am tired of the intrusion. Is there anything I can do to stop this?
smallmother - 7-May-17 @ 10:32 AM
Kaz - Your Question:
My neighbour drive runs alongside our and we have fencing and gates in our side for privacy. We paid for this and everything g is in our drive. These have been in place for over 15 years. We have come home today to find they have put up large metal gates on third drive, not a problem, however there is a 10ft metal lost in our drive.when I askedhe said he said he's continuing the line but. surely this should be in his drive ?

Our Response:
The easiest thing to do would be to check your deeds to make sure the place the neighbour has installed the post is in fact your property.
ProblemNeighbours - 28-Apr-17 @ 10:52 AM
My neighbour drive runs alongside our and we have fencing and gatesin our side for privacy . We paid for this and everything g is in our drive. These have been in place for over 15 years. We have come home today to find they have put up large metal gates on third drive, not a problem, however there is a 10ft metal lost in our drive .....when I askedhe said he said he's continuing the line but . surely this should be in his drive?
Kaz - 27-Apr-17 @ 12:55 AM
Booboo - Your Question:
In a communal garden owned by social housing, fences were erected, half of the funding was paid by myself. After agreements were broken by neighbours, concerning, rubbish, dog poo etc, over a long period. I removed the fences I paid for. The neighbours say I removed their fencing, called police. I explained the situation etc, what I paid and what for. They said as far as they were concerned, I have removed property that I paid for and saw no problem. The social housing area manager, has tried to negotiate with me and neighbours. But, I told them I have no intention of putting the fences back. I paid for them. They are lightly insisting that the fences are put back. I have suggested that if the neighbours and yourself require fencing, then it should be replaced by them and payed for by them and or neighbours. I have been told, that they are sending someone to put the fencing that I paid for, back in. Am I allowed to stand my ground and refuse?

Our Response:
If you only paid half of the fencing that made up the entire project, you may be made to pay for the reinstatement of the exisitng fencing or matching fencing...you should ask a solicitor about this as we don't have any information about the agreements you made with the Housing Association etc.
ProblemNeighbours - 24-Apr-17 @ 12:47 PM
In a communal garden owned by social housing, fences were erected, half of the funding was paid by myself. After agreements were broken by neighbours, concerning, rubbish, dog poo etc, over a long period. I removed the fences I paid for. The neighbours say I removed their fencing, called police. I explained the situation etc, what I paid and what for. They said as far as they were concerned, I have removed property that I paid for and saw no problem. The social housing area manager, has tried to negotiate with me and neighbours. But, I told them I have no intention of putting the fences back. I paid for them. They are lightly insisting that the fences are put back. I have suggested that if the neighbours and yourself require fencing, then it should be replaced by them and payed for by them and or neighbours.I have been told, that they are sending someone to put the fencing that I paid for, back in. Am I allowed to stand my ground and refuse?
Booboo - 23-Apr-17 @ 10:21 AM
nick - Your Question:
Between me & my neighbour is a 4ft panel fence with a 1ft trelase ON TOP making it 5ft tall this is in front of our building line by 27 ft I can see through it he wants to put up 5ft of solid fence up this is between our front lawns this was origonaly open plan he says he can go 2mtrs high we are on a private housing estate no other houses have fences in front of the building line his old fence has gone roton due to lack of care TREATMENT is this ok or not

Our Response:
Check your local council's planning department to see if there are any local planning restrictions on this. Also your title deeds will show if there are any restrictive covenants relating to front fences.
ProblemNeighbours - 12-Apr-17 @ 12:50 PM
between me & my neighbour is a 4ft panel fence with a 1ft trelase ON TOP making it 5ft tall this is in front of our building line by 27 ft i can see through ithe wants to put up 5ft of solid fence up this is between our front lawns this was origonaly open plan he says he can go 2mtrs high we are on a private housing estate no other houses have fences in front of the building line his old fence has gone roton due to lack of care TREATMENT is this ok or not
nick - 11-Apr-17 @ 9:31 AM
Do i permission to erect a fence around the front of my property? I have no restrictions in my deeds but I want to check that i am not breaking any rules if i do. Please help, i look forward to hearing from you on this.
Sam - 12-Mar-17 @ 8:35 PM
I want to erect fence around front and driveway. I own a semi bungalow, neighbour is council tenant, who does not want this erected within my boundary. my deeds only say not to alter or external plan or elevation as part of restrictive covenant. Does my neighbour have any rights, can they stop this?
Sam - 7-Mar-17 @ 4:46 PM
Nick - Your Question:
My neighbour fence was damaged by the recent Doris storm, I was asked to remove the damaged fence and replace it immediately because of Kids and pets, However I am questioning who is actually responsible for that fence.The neighbour is a council tenant and I'm a home owner, the boundary to the rear garden is divided by the old council concrete posts that use to housed the wired fencing back in the day, 2 fences sat either side of the posts and last year mine was damaged by a storm, the fencing was removed, showing the boundary posts and neighbours fence, the council came along and put up some wired fencing where there was a gap, After Doris came, the fence inside their boundary at least 1ft, blown down, and this is the fence im being ask to replace, Am I responsible for a fence 1ft inside their own garden?

Our Response:
Your title deeds should state who is responsible for the fence. If you're in doubt ask the neighbour to check with the housing department.
ProblemNeighbours - 3-Mar-17 @ 2:20 PM
ribena - Your Question:
My neighbour is putting up a fence going into my garden and the post are on my side is this right?

Our Response:
A fence owner can choose which side the fence posts are on. Check your deeds to see whether fences are mentioned - e.g if you have shared responsibility, the fence will most probably straddle the boundary and you will both pay towards its upkeep. If the responsibility for the fence is your neighbour's then again it can straddle the boundary but he/she is responsible for it (in this case, it's likely you will be responsible for a fence on the other side of your garden). If there is nothing mentioned about fences then each of you can construct a fence but on your own side of the boundary - with fence posts on whatever side you choose, so long as they do not encroach on the other party's property.
ProblemNeighbours - 2-Mar-17 @ 12:07 PM
My neighbour fence was damaged by the recent Doris storm, I was asked to remove the damaged fence and replace it immediately because of Kids and pets, However i am questioning who is actually responsible for that fence. The neighbour is a council tenant and i'm a home owner, the boundary to the rear garden is divided by the old council concrete posts that use to housed the wired fencing back in the day, 2 fences sat either side of the posts and last year mine was damaged by a storm, the fencing was removed, showing the boundary posts and neighbours fence, the council came along and put up some wired fencing where there was a gap, After Doris came, the fence inside their boundary at least 1ft, blown down, and this is the fence im being ask to replace, Am i responsible for a fence 1ft inside their own garden?
Nick - 1-Mar-17 @ 7:18 PM
my neighbour is putting up a fence going into my garden and the post are on my side is this right?
ribena - 28-Feb-17 @ 9:11 PM
Rosie2011- Your Question:
I own a terraced house which I have had renovated, the neighbours own the fence to one side, the fence is damaged and a palm tree has pushed the end panels over and the tree is now hitting my summerhouse. The neighour states the tree belongs to me and yet the roots are in his garden, he claims he is going to replace the fencethis year and I have had a tree surgeon look at the tree and give me a price for removal which I agreed to pay as the tree is overhanging and causing damage, however the neighbour now stating the tree is in his garden and does not wish it to be removed. He wants me to lose about 12inches of my boundary to replace his fence and keep the tree.he states he does not, like looking at my summer house and the tree blocks some of it. I have no intention to of allowing this as he has already taken 10 inches and built an extension to his kitchen at the other end of the garden, this is without building regulations or planning permission. Your advice would be most welcome

Our Response:
If you have your title deeds this should give you details of the boundary line. This may be sufficiently detailed to show an exact location for the boundary but not all title deeds are that accurate unfortunately. If you can't come to a mutual agreement with your neighbour, you may have to consult a land/boundary professional to help.
ProblemNeighbours - 27-Feb-17 @ 12:17 PM
I own a terraced house which I have had renovated, the neighbours own the fence to one side, the fence is damaged and a palm tree has pushed the end panels over and the tree is now hitting my summerhouse.The neighour states the tree belongs to me and yet the roots are in his garden, he claims he is going to replacethe fencethis year and I have had a tree surgeonlook at the tree and give me a price for removal which I agreed to pay as the tree is overhanging and causing damage,however the neighbour now stating the tree is in his garden and does not wish it to be removed. He wants me to lose about 12inches of my boundary to replace his fence and keep the tree.he states he does not, like looking at my summer house and the tree blocks some of it. I have no intention to of allowing this as he has already taken 10 inches and built an extension to his kitchen at the other end of the garden, this is without building regulations or planning permission. Your advice would be most welcome
Rosie2011 - 25-Feb-17 @ 8:03 AM
Hi my neighbour has put a metal shed less than one metre away from my boundary fence. As a result of this I am now unable to maintain my wooden fence. How tall does a shed have to be before the one metre rule applies? Is my neighbour allowed to block me having access to maintain my fence?
Housing - 10-Feb-17 @ 5:35 PM
We bought our house 11 year ago and the previous owner purchased it of the council. There is a fence to mark the boundary between two properties and the fence was there when we moved in. In fact, the fence was there since long time back. The elderly woman who's been living next to them for more than 28 year ago said that the fence was there as a demarcation of boundary. We lived happily with 2 different owners without any disputes. The third owner moved to the property 6 year ago and accepted everything as it is. Again, we lived happily with them as well for the last 6 year but now they are disputing against the fence and saying that they want to remove it and erect a new fence aligning with our brick wall. This strip of land has been reserved for us as a right of way and this has been clearly mentioned on the deed. Can they move the fence on our side legally? What are our options to stop them erecting the new fence on our side and can we legally fight for this case?
Bhai - 28-Jan-17 @ 3:23 PM
We bought a house that has a privacy fenced back yard.We noticed that our neighbor has a privacy fence that runs up to our fence using our fence (on one side) to enclose his area.We also have a gate on our fence that allows us to enter into the area that he's trying to take from us.He claims that he has some sort of "handshake" with owners prior to the owners that sold us the house.We've had a survey completed and marked the area with No Trespassing signs while the police were here after we called them.The surveyors and the police say that we can cut down the portions of his fence that are on our property!What legally could the neighbor do adversely?
"REHOMED" - 26-Jan-17 @ 3:40 PM
Kreef - Your Question:
I live in a terraced property with a flat roof garage (built in 1960s) in front of the house which borders our neighbours driveway. The garage wall is about 50cm inside our boundary. I am planning to knock down the garage to use as a driveway. Can I reclaim this 50cm.

Our Response:
Check your title deeds and where/how the boundary is described before proceeding with this.
ProblemNeighbours - 10-Jan-17 @ 2:20 PM
I live in a terraced property with a flat roof garage (built in 1960s) in front of the house which borders our neighbours driveway. The garage wall is about 50cm inside our boundary. I am planning to knock down the garage to use as a driveway. Can I reclaim this 50cm.
Kreef - 9-Jan-17 @ 11:45 PM
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