Boundary Disputes

What is a boundary?
A boundary is an invisible line that separates one property from another. It is not physically marked, although many homeowners install fences, walls, or hedges to define it.

Why do boundary disputes occur?
Most neighbours live side by side without issue. Occasionally, though, disagreements arise over where the boundary lies or how a boundary structure should look or be maintained. Even small disagreements can escalate quickly and become stressful. At Wilson Law, our property disputes team works to help you find fair and practical solutions. We deal daily with all types of boundary, fence, and hedge disputes, seeking resolution through negotiation to keep costs low.

Are boundary disputes the same as neighbour disputes?
Not always. There are many neighbour disputes unrelated to boundaries, such as:

• Parking problems
• Disputes over rights of way
• Claims to light and other property rights
• Maintenance of shared gutters, drains, or shared repairs
• Issues gaining access to a neighbour’s property for repairs
• Breaches of restrictive rules in property deeds
• Trespass on your land
• Nuisance caused by escaped water or tree roots
• Privacy concerns like intrusive cameras
• Noise, harassment, or other anti-social behaviour

All these issues can seriously impact your quality of life. Even minor disagreements can disrupt your enjoyment of your home, so it is best to seek legal advice early before the situation worsens.

How do you determine a boundary line?
Boundaries can be more complex than they first appear. Land Registry maps are not always exact, and the original deeds may need to be examined to trace historical boundary lines. These lines may have shifted over time through changes to fences or structures. A professional survey can establish the current physical boundary. If disagreement persists, we can negotiate with your neighbour based on survey findings to reach an agreement.

How can encroachment issues be resolved?
An encroachment occurs when part of a structure or property crosses a neighbour’s land without permission. Minor encroachments—like tree branches—can often be resolved with a polite request to correct the issue. For more serious matters, such as fences, buildings, balconies, plumbing, or shared land, the legal boundary must be confirmed by a professional survey. Depending on how serious the encroachment is, the matter may require an injunction to stop construction, a claim for adverse possession, a legal realignment of the boundary, a claim for loss of value or use, or, in extreme cases, removal of the structure entirely.

What is a boundary agreement?
If both neighbours agree on the boundary, you may draft a boundary agreement. This document records the agreed boundary—usually with a survey map—and clarifies who should maintain the shared structure. It can be submitted to the Land Registry so future owners know the agreement. If land has been transferred as part of this agreement, a formal transfer process may be required, and a conveyancing solicitor can handle this.

What if a neighbour has removed a boundary fence?
Though fences and walls are common boundary markers, there is no obligation to use them. Disputes may include fences built in the wrong position, at excessive height, in breach of regulations, or poorly maintained. These disputes spread quickly and can escalate. It is wise to consult a specialist to resolve the problem without unnecessary stress.

What if a neighbour’s hedge is too high?
Homeowners usually do not need permission to grow hedges. If they grow too tall and block light or views, some actions may be available, depending on location and the severity of the obstruction. We can advise on your options, including making a report to your local council if the hedge constitutes a nuisance.

How can you resolve a boundary dispute?
It is often intimidating to confront a neighbour, but the first step is to seek an informal resolution. If that fails, we can support you with legal correspondence or mediation as a next step. Going to court or tribunal should be a last resort, as it can become expensive and strain relationships. If court action becomes necessary, we will fight your case on your behalf, but we always explore practical solutions first.

Do boundary disputes prevent you from selling your property?
No, you can still sell, but it can complicate the process. Sellers must disclose boundary disputes, and buyers may be cautious. This can affect the property’s value or require adjustments to the asking price. An early settlement with your neighbour can help. Your conveyancing solicitor can guide you to ensure the sale proceeds smoothly.

Get in Touch

If you are dealing with a boundary dispute speak to our specialist solicitors on 020 4630 9000, or contact us.