Boundary Disputes

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“I understand that navigating the complexities of a property dispute can be daunting. I pride myself on providing a personalised and strategic approach to every case. I am here to guide and support you every step of the way.”

James Naylor
Partner

A boundary is a line that divides two properties. It may be physical, such as a fence, wall or hedge separating two pieces of land. It may also be legal, as defined in the property’s title documents.

Establishing the boundary of your property is important because it determines the extent to which you have rights and obligations over your land. However, it is not always clear where the exact boundary lies:

  • Your registered title plans usually show general boundaries rather than the exact boundary line;
  • The extent of a boundary can change through formal or informal agreements between neighbours, or adverse possession

Boundary disputes arise when neighbours disagree as to where the boundary between their respective properties lies.  A neighbour may assert ownership over a piece of land which you own or may argue that you own a physical boundary, such as a wall, which you are required to maintain.

It is important to seek legal advice at an early stage of a boundary dispute to prevent hostility between neighbours and to promote an amicable agreement.

How do I establish the exact boundary of my property?

The first step is to consider the legal boundary shown in your registered title plans. The title deeds should describe the property with sufficient clarity to enable the extent of the property to be determined and will often refer to a plan.

However, the exact line of the legal boundary is usually left unclear. It will be left undetermined unless an application is made by the property owner to the Land Registry to determine the exact boundary line. If successful, the Land Registry plan will be amended to show the accurately determined boundaries.

Determining the boundary involves a thorough examination of the neighbours’ properties, together with a detailed survey to identify the precise legal boundaries.

An application for the determination of the exact boundary line is a time-consuming and expensive process. The owners of neighbouring properties are also given an opportunity to object to the application, so it is generally only appropriate if there is an agreement between neighbours. 

We can provide expert legal advice on the suitability of such an application and carry the process out on your behalf. 

How should I resolve a boundary dispute?

Neighbours can create a boundary agreement to demarcate the boundary between their respective properties and/or record responsibilities for maintaining a physical boundary (for example a hedge, wall, tree or fence).

A surveyor can be instructed to examine title deeds and plans and to conduct a site visit. This will usually involve taking detailed measurements of the land to advise whether either of the neighbours have a reasonable case against the other.

A mediator can also be appointed to facilitate the agreement. The mediator is an independent third party who would be jointly instructed by both neighbours and would encourage both parties to try to resolve the dispute amicably.

We can help you reach an agreement with your neighbour by appointing a surveyor and/or mediator on your behalf, as well as providing expert legal advice about your particular case.

We’re with you, every step of the way.

We’re here to guide you through the intricacies of litigation, resolve disputes efficiently, and help you achieve your outcome.

Testimonials

Our team is composed of dedicated and accomplished legal professionals, each bringing their unique expertise to the table.

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We found Naylors after talking to a few solicitors and they sounded the most knowledgeable. They helped us with a neighbour dispute. Dominika was fabulous throughout, and we were able to resolve a long standing issue. We would like to thank Dominika for all her help and support.

Simon Grey
Private Client

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