Boundary disputes – common causes of dispute
Increasing home ownership, property values and more densely populated communities have given rise to increasing disputes as to the precise boundaries of neighbouring properties.
In the UK, official HM Land Registry title plans only show “general boundaries” rather than precise legal lines. These lines can have a margin of error of over a metre on the ground. This can be hugely significant for homeowners and the enjoyment of their properties.
Common causes of dispute
Encroachments: A neighbour building an extension, shed, or driveway that crosses onto your land.
Fences & Walls: Disagreements over exactly where a fence is placed or who is responsible for its maintenance and repair.
Trees & Hedges: Issues with overhanging branches, roots causing damage, or high hedges blocking light.
Rights of Way (Easements): Conflicts over shared access points or someone using more of a path than their legal right allows.
Vague Title Deeds: Older property documents often use outdated landmarks or hand-drawn plans that are difficult to pinpoint precisely.
Land Registry Limitations: In many regions (like England and Wales), official title plans show only “general boundaries” rather than an exact legal line.
Historical Assumptions: Neighbours may have followed informal agreements for years that do not match the official legal records.
Avenues for resolving disputes
In an ideal world, legal action should never be the first port of call. That is why we encourage clients to consider all avenues which may be open to them to resolve a dispute.
Engage with your neighbours: a polite discussion, letting your neighbour what the issue is and how you expect it to be resolved can go a long way. If you can reach an agreement with your neighbour, so much the better, and you can engage us if need be, to formalise any agreement
Review documentation: obtain the title plans and deeds (often can be downloaded from HM Land Registry) and see for yourself where the boundaries might lie. Be aware, however, that HM Land registry plans are not always accurate.
Use professionals: hire a qualified land surveyor to determine the boundary. Visit the RICS website for details of suitably qualified surveyors.
Legal action: If all else fails, legal proceedings may be necessary. We will review the relevant documentation and advise you on the best way forward.
We will also provide you with an estimate of the costs involved to enable you to make an informed decision. We will advise you on reviewing any insurance policies which you may have in place which may cover your legal expenses.