Boundary Disputes

We get lots of calls about boundary disputes, with people asking us if we can make a site visit and tell them where their boundary is, or who owns a boundary feature such as a fence or hedge. This generally comes about because one neighbour may want to remove the hedge or replace the fence and the other neighbour does not agree for various reasons, and claims they own the fence or hedge. Confirming your boundary is not as straightforward as people think. 

 

'Boundary' has no special meaning . It can refer to the legal boundary or a physical boundary. 

 

The legal boundary is a line of no width which is the point where your land ends and the neighbours land begins. When the land was first separated and sold off there will have been a first conveyance deed and plan which would indicate the what the purchaser was buying. Sometimes there are dimensions on the plan from which you can use to work out where the boundary line is. More often than not, there are no dimensions, so you only have a general idea of the boundary position.  

 

A physical boundary can be a fence, a hedge or wall. The physical boundary may follow the line of the legal boundary, or it may be very obvious that the two are not in the same position. Fences get replaced over the years and hedges, well they grow where they want to, especially if not maintained. Hedges could have grown to 1.2m wide and may have rooted far from the original line. 

 

What you should know, and this is most important, is that only a court or the First-tier Tribunal (Property Chamber) can determine the exact position of a disputed boundary. Therefore, any other opinion is just that, an opinion, even though it may be by an experienced expert in the field of boundaries. 

 

When you purchased your property, you would have been provided with the Land Registry plan which is based on an ordnance survey map, with a red line around your property. This is considered a 'general boundary' and is not conclusive of the exact position of the boundary. As such it is not much help if you are attempting to define the boundary line within less than 500mm. 

 

Other factors may come into play. For example, a neighbour may have erected a fence in the wrong place 20 years ago and taken some of your land. The physical boundary in this instance may now become the legal boundary even though it is not in the same position as the original legal boundary. 

 

In conclusion, if you have irrefutable evidence where the legal boundary is maybe because you have a well dimensioned first conveyance plan, then you can ask a surveyor to set the boundary position out for you. If you do not have such information, a surveyor will be providing their opinion where the boundary is, albeit it may be a well-considered opinion from a boundary expert. 

 

Boundary disputes are notoriously expensive to take to court and only those with deep pockets should be prepared to do this. The most sensible course of action is for you and your neighbour to discuss and agree the position so that no dispute arises, or both agree to jointly appoint a boundary expert who will provide an opinion that you will both be bound to accept.