Why boundary disputes happen
Disagreements over fences, walls and boundary lines are common between neighbours. They tend to surface when one person wants to build something, extend their garden or make changes near the edge of their property. The other neighbour objects, believing the work crosses onto their land.
Repair bills cause friction too. When a fence blows down or a wall crumbles, the question of who pays can turn a minor annoyance into a drawn out row.
Most of these disputes come down to two questions: where exactly is the boundary, and who owns it?
What the Land Registry actually shows
The Land Registry holds an official copy of the register and a title plan for each registered property. You can download both for a small fee from the Land Registry website. These are the documents that matter for boundary questions, rather than the bundle of old paperwork sometimes called title deeds.
The title plan shows your property's boundaries with a red line. This line is only a general indication. Land Registry plans are based on Ordnance Survey maps and are not drawn to a scale that settles disputes down to the last centimetre. A boundary shown as a single line might sit on either side of an actual fence, or it might run through the middle of it. The plan alone will not tell you which.
Some registers contain written descriptions or references to earlier conveyances that give more detail. These can help, but the wording may be decades old and hard to match to what exists on the ground today.
There is another complication. Previous owners may have agreed between themselves to move a fence or alter the boundary line without updating the Land Registry. The official record and the physical reality can be two different things.
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If the Land Registry records do not settle the matter, you may need to look at other evidence:
- Historical photographs or maps showing where a fence or hedge stood in the past
- Statutory declarations or written agreements made by previous owners
- The physical features themselves, such as which way fence posts face, though this is not a reliable rule
- Evidence of who has maintained or repaired the boundary over the years
None of these methods is definitive on its own. Statutory declarations and written agreements carry weight but do not legally prove where a boundary sits. Courts consider all available evidence when boundary disputes reach them.
You may have heard that the fence posts always face the owner's side or that the left hand boundary viewed from the road belongs to you. These are popular beliefs but not legal rules. They might reflect local custom in some areas, but they carry no weight in law.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Resolving a dispute without court
Going to court over a boundary is expensive and often leaves both sides worse off. Legal fees can easily exceed the value of the strip of land in question. Before taking that path, consider alternatives.
Start with a direct conversation. Many disputes begin with assumptions or misunderstandings. Your neighbour may not realise the position is unclear either. A calm discussion can sometimes clear things up without any need for formal steps.
If talking does not work, mediation is worth considering. A trained mediator helps both parties reach an agreement without the formality and cost of court. The Royal Institution of Chartered Surveyors runs a neighbour dispute service, and local mediation services operate in most parts of the country.
You can also instruct a surveyor to prepare a boundary report. A surveyor will examine the Land Registry documents, inspect the site and give an independent opinion on where the legal boundary is likely to sit. This can provide common ground for negotiation or at least clarify what a court would probably decide. Bear in mind that a surveyor's report offers professional analysis, not a legal determination.
If you reach an agreement with your neighbour, put it in writing and keep a copy. For a permanent fix, you can apply to the Land Registry for a determined boundary. This process involves surveyor input and fees, but it establishes the exact line on the official record and removes ambiguity for the future. A determined boundary is the only way to legally fix the position once and for all.
When you might need legal advice
If informal efforts fail and the dispute involves a significant area of land, or if your neighbour is actively building on what you believe is your property, legal advice may be necessary. A solicitor with experience in property disputes can assess the strength of your case and advise whether court action is proportionate.
Keep records of everything: correspondence, photographs with dates, receipts for maintenance work. This material could be needed if the matter escalates.
For general guidance on boundaries, the Land Registry publishes free information on the GOV.UK website. Our Neighbour Rights Checker can also help you understand your position before you take further steps.
H
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.
to the right of my front door is his responsibility?
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
On consulting my original Conveyance 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 originally who 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 respected farming 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
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 ?
s have 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,
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.
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.
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