Boundary Disputes: A Guide for Homeowners

Boundary disputes with neighbours are more common than you might think; homeowners often find themselves in a tug-of-war over inches of land that can lead to much bigger headaches.  

If you're facing a boundary dispute, it's important to understand your rights, how best you can prepare, and the steps you can take to resolve the issue swiftly and amicably. This guide will walk you through everything you need to know about managing and resolving a boundary dispute, ensuring you're well-prepared for whatever comes your way. 

What is a boundary dispute? 

Boundary disputes typically arise when property owners disagree about the location of their shared property line. These disagreements can occur due to unclear or outdated property records, or simply because boundaries have shifted over time.  

To begin, review the title deed of your property. This document should include a map showing your property's boundaries. If the map is unclear, you may need a professional surveyor to assess the land accurately. Remember, even if a fence or hedge has been in place for years, it doesn't necessarily denote the legal boundary.  

Common Causes of Boundary Disputes 

Boundary disputes can arise from a variety of situations.  

One common cause is encroachment, where a neighbour builds a structure that crosses onto your property. Another frequent issue is the placement of fences, especially if they don't align with the legal boundary. Boundary disputes can also develop when new property owners are unaware of existing informal agreements between previous owners. 

Misunderstandings over boundary lines often begin small but can snowball into more significant issues if not addressed promptly. It's important to communicate openly with your neighbour as soon as a discrepancy is noticed. This proactive approach can prevent the escalation of what might otherwise become a protracted legal battle. 

How to Approach Your Neighbours 

When you notice a potential boundary dispute, your first step should be to discuss the matter directly with your neighbours. Approach them calmly and present any documents or evidence you have that support your position. Open communication can often resolve misunderstandings without the need for legal intervention. 

Arrange a meeting at a convenient time for both parties, and ensure it takes place in a neutral setting. Be prepared to listen and understand their perspective, as this will help you build a cooperative rather than adversarial relationship. If a resolution can't be found through discussion, then further steps may be required. 

When do I need legal advice for a boundary dispute? 

If initial discussions with your neighbour don't lead to a satisfactory resolution, it may be time to seek legal support. Consulting with a legal professional experienced in property disputes, such as a property law barrister, can provide clarity and help you understand your position.  

Legal advice doesn't necessarily mean heading straight into litigation; often, barristers can simply advise on your next steps, offer support with drafting documents, or even facilitate negotiation between parties. 

Documents You Might Need 

When facing a boundary dispute, having the right documents can make a significant difference. Your property's title deed is the most crucial document, as it outlines the property boundaries. In addition, any historical maps, surveys, or agreements related to the property can provide vital evidence. 

Survey reports are invaluable when the boundary is unclear or in contention. A survey conducted by a qualified professional can provide an authoritative determination of your property lines. Keep all correspondence with your neighbour regarding the dispute, as these records can be useful if legal action becomes necessary. 

Do I need a surveyor for a boundary dispute? 

A surveyor plays a pivotal role in boundary disputes by providing an objective assessment of property lines. They’ll use precise measuring tools to establish the exact boundaries based on current and historical data.  

Hiring a surveyor can be beneficial even if the dispute seems straightforward, as their findings carry significant weight in legal proceedings. Their report can serve as definitive evidence of where the boundary should lie, potentially avoiding the need for more complex legal action. 

Avoiding Future Disputes 

To prevent future boundary disputes, consider implementing clear communication and maintenance practices with your neighbours. Regularly inspect and maintain boundary markers such as fences and hedges to ensure they remain aligned with the legal boundary. 

If you plan to make any changes near the boundary, such as building a new fence, inform your neighbour beforehand. Collaborating on a shared boundary project can prevent misunderstandings and maintain peace. 

Boundary disputes with neighbours can be a challenging, but with the right information and preparation, can often be resolved amicably. Remember, the goal is not just to win a boundary dispute, but ideally to maintain a civil relationship with those living next door, too. 

If you're currently facing a boundary dispute, consider instructing one of our expert property barristers for more tailored advice on your circumstances.