Fence Disputes and Boundary Battles: Resolving Neighbour Conflicts
Boundary disputes between neighbours can quickly escalate from minor disagreements to bitter legal battles. Understanding your rights and the legal framework can help resolve these issues without damaging neighbourly relations. This guide explains the common boundary issues in England and Wales and how to address them.
Common boundary issues
1. Fence placement and ownership
- Disagreements about where a fence should be placed
- Questions about who is responsible for maintenance
- Disputes over fence height or appearance
2. Boundary line location
- Uncertainty about the exact position of the property boundary
- Disagreements about historical boundary changes
- Encroachment (where someone builds over the boundary line)
3. Access issues
- Rights of way across neighbouring land
- Blocked access to parts of your property
- Disputes over shared driveways
4. Trees and hedges
- Overhanging branches
- Roots causing damage
- High hedges blocking light
Understanding boundary ownership
Checking the deeds
Property deeds may indicate boundary ownership using “T-marks”:
- If the T-mark is on your side of the boundary line, you’re responsible for that boundary
- If it’s on your neighbour’s side, they’re responsible
- Double T-marks indicate a shared boundary
However, many deeds don’t contain this information or have unclear boundaries.
General boundary rule
Land Registry plans show “general boundaries” rather than exact legal boundaries. This means:
- The precise boundary line may not be defined in your legal documents
- The title plan gives an indication rather than an exact measurement
- The physical features on the ground may not precisely match the plan
Boundary presumptions
Where documentation is unclear, legal presumptions include:
- Boundary fences are usually owned by the property they “fence in”
- Boundary ditches usually belong to the property on the opposite side of the ditch
- Party walls on boundaries are usually shared ownership
These are only presumptions and can be overridden by evidence.
Resolving boundary disputes
1. Talking to your neighbour
- Discuss the issue calmly
- Share any documentation you have
- Consider joint inspection of the boundary
- Look for a mutually agreeable solution
2. Boundary agreements
If you can reach an agreement:
- Document it in writing (a “boundary agreement”)
- Include plans showing the agreed boundary
- Both parties should sign it
- Consider having it registered with the Land Registry using form JO
3. Mediation
- Use an independent mediator
- Both parties must agree to participate
- Costs are usually shared
- The mediator helps find a compromise
- Any agreement reached can be formalised
4. Expert determination
- Hire a chartered surveyor who specialises in boundary issues
- They can prepare a report determining the correct boundary
- This can be done jointly with your neighbour to share costs
- While not legally binding unless both agree, it provides strong evidence
5. Boundary determination by the Land Registry
- Complete form DB
- Provide a detailed plan prepared by a surveyor
- Pay the application fee (currently £90 as of April 2025)
- If your neighbour objects, the case may be referred to the Property Chamber of the First-tier Tribunal
6. Court action
- As a last resort, issue a claim for a declaration as to the boundary location
- Possibly claim for trespass if there’s encroachment
- Legal costs can easily exceed £10,000–£20,000
- The process can take 12–18 months
- Courts often encourage mediation before proceeding
High hedge disputes
The Anti-social Behaviour Act 2003 provides a specific remedy for high hedge problems:
- Applies to hedges over 2 meters high
- Made up wholly or mainly of evergreen or semi-evergreen trees or shrubs
- Acting as a barrier to light or access
- You must have tried to resolve the issue directly first
- Apply to your local council who can order height reduction
- Current application fee is typically £350–£500
Party wall issues
The Party Wall Act 1996 provides a framework for preventing and resolving disputes about party walls, boundary walls and excavations near neighbouring buildings:
- Covers work directly to a party wall or structure
- Includes new buildings at or astride the boundary
- Covers excavation near neighbouring properties
- Requires notice to be given before work starts
- Neighbours can consent or dissent to the works
- Party wall surveyors can be appointed to resolve disputes
Rights over neighbouring property
Right to light
- Acquired after 20 years of uninterrupted light through a defined aperture
- Can prevent neighbours building in a way that substantially reduces light
- Compensation can be claimed if this right is infringed
Overhanging branches
- You can cut back branches that overhang your property
- You must offer the cuttings back to your neighbour
- You cannot cut past the boundary line
- You should check for Tree Preservation Orders first
Encroachment
- If a neighbour has built over your boundary, you may have a claim for trespass
- Remedies include removal of the encroachment or compensation
- Consider whether planning permission was obtained
- Act promptly as delay can affect your rights
Practical tips to avoid disputes
When buying a property
- Check the title plan carefully
- Look for any boundary features on the ground
- Ask the seller about any boundary agreements or disputes
- Consider a boundary survey for high-value properties
Good boundary maintenance
- Discuss fence replacements with neighbours before installation
- Keep boundary structures in good repair
- Trim hedges regularly
- Document any agreements about maintenance
Dealing with emerging issues
- Raise concerns early and politely
- Put agreements in writing
- Take dated photographs of problems
- Keep copies of all correspondence
Disclaimer
This article provides general information about boundary disputes in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
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