Property and Boundary Disputes

Understanding property and boundary disputes

Property disputes cover disagreements about land and buildings, including where a boundary lies, whether someone has a right to cross or use land, and who is responsible for walls, fences and hedges.

HM Land Registry title plans usually show general boundaries only. They indicate the approximate position of a boundary rather than its exact line. Establishing the precise boundary may involve looking at older deeds, conveyancing plans, physical features and how the land has been used over time.

Boundary disputes can become expensive and emotionally draining if they escalate. Practical solutions, such as a boundary agreement or mediation, are often the most sensible way forward.

Common situations

• A neighbour has moved a fence or built over what you believe is your land
• Disagreement about who owns or must maintain a wall, hedge or fence
• Disputes about rights of way or access to a property
• Disagreements over drainage, rights to light or other easements
• Party wall issues arising from building work next door
• Claims to land based on long-term occupation (adverse possession)

Your options and next steps

The starting point is usually to gather the title documents and any older deeds or plans, and to compare them with what is on the ground. In some cases a specialist boundary surveyor’s report is helpful.

Many boundary disputes are settled through a written boundary agreement, which records where the parties agree the boundary lies. Mediation can be particularly effective in neighbour disputes because it helps preserve the relationship.

If a dispute cannot be resolved, it may be decided by the court or, in some cases, referred to the First-tier Tribunal (Property Chamber). Building work affecting a party wall is governed by a separate procedure under the Party Wall etc. Act 1996.

Documents and evidence that may help

You do not need to have everything before you contact us, but the following can help us understand your situation more quickly:

• Your title register and title plan from HM Land Registry
• Older deeds, conveyances or plans, if you have them
• Photographs showing the boundary features over time
• Any surveys or reports about the property
• Correspondence with your neighbour about the issue
• Details of any building work and when it took place

How we assess your enquiry

1. Tell us what happened. Use the enquiry form, call or email with a short summary.
2. We review the details. We may ask a few questions or request key documents.
3. We explain your options. Including whether your matter is one we can help with.
4. You decide. Nothing goes further until you have agreed the scope of any work and any fees, confirmed in writing.

Frequently asked questions

Please note: this page gives general information based on the law of England and Wales. Different rules can apply in Scotland and Northern Ireland. It is not legal advice and should not be relied on for your particular situation. Every matter depends on its own facts, and no outcome or level of compensation can be guaranteed.