Boundary Disputes

Protecting Your Property Rights and Resolving Boundary Disagreements

Boundary disputes can arise when neighbouring property owners disagree about where one property ends and another begins. What may initially appear to be a small disagreement can become complicated when property ownership, extensions, fences, walls, access or land use are involved.

At MYM Solicitors, we provide clear and practical legal advice on boundary disputes, helping property owners understand their legal position, investigate the evidence and work towards a suitable resolution.

What Is a Boundary Dispute?

A boundary dispute is a disagreement between property owners or occupiers about the location, ownership or use of the boundary between properties.

Boundary disputes can involve issues such as:

  • The position of a legal boundary
  • Fences, walls, hedges and gates
  • Extensions or building works close to a boundary
  • Encroachment onto neighbouring land
  • Disputes over strips of land
  • Land being used by a neighbouring property owner
  • Trees, hedges or other structures affecting a boundary
  • Plans and measurements showing different boundary positions
  • Historical use of land
  • Rights of access or access across neighbouring land
  • Disagreements when buying or selling a property
  • Damage or removal of boundary features

The position shown on a title plan does not always provide a precise answer to every boundary dispute. Other evidence, including historical documents, conveyances, plans, physical features and the way land has been occupied or used, may need to be considered.

How MYM Solicitors Will Help

At MYM Solicitors, we understand that disputes with neighbours can be stressful and can have a lasting impact on your property. Our approach is focused on understanding the evidence, explaining your legal position and seeking a proportionate solution.

Reviewing Your Property Documents

We can review relevant documents relating to your property, which may include title information, plans, conveyances, transfers, photographs and previous correspondence.

Investigating the Boundary

We can help you understand the evidence relating to the disputed boundary and identify the issues that may need further investigation. Where appropriate, specialist input from a surveyor or other professional may also be recommended.

Assessing Historical Evidence

The position of a boundary may not always be clear from a modern title plan alone. Historical documents, plans, photographs and evidence of how the land has been treated over time may be relevant. We can help assess the legal significance of the available evidence.

Encroachment Disputes

If you believe a neighbour has built, fenced, landscaped or otherwise used land that belongs to you, we can advise you about your legal position and the options available.

Fences, Walls and Hedges

Disagreements can arise over the position, ownership, maintenance or replacement of fences, walls and hedges. We can help establish the issues involved and advise you on an appropriate way forward.

Building and Extension Disputes

If a neighbour’s extension, structure or other building work appears to cross or interfere with your boundary, we can advise you on the relevant property and legal issues.

Negotiating With Your Neighbour

Where possible, resolving a boundary dispute without court proceedings can save time, expense and stress. We can communicate with your neighbour or their solicitor on your behalf and assist with negotiations towards a practical resolution.

Alternative Dispute Resolution

Boundary disputes can sometimes be resolved through mediation, negotiation or another form of alternative dispute resolution. We can advise you on whether an alternative approach may be appropriate for your circumstances.

Boundary Agreements

Where the parties are able to reach an agreement about the boundary, we can advise on documenting the agreed position appropriately. Depending on the circumstances, this may involve a formal boundary agreement or other legal documentation.

Court Proceedings

If a boundary dispute cannot be resolved through negotiation or alternative dispute resolution, court proceedings may become necessary. We can advise you about the litigation process, help prepare the relevant evidence and provide representation where appropriate.

Disputes During Property Transactions

A boundary issue discovered during the purchase or sale of a property can cause uncertainty and delay. We can advise you about the legal implications of the dispute and help you understand the options available.

Frequently Asked Questions

A boundary dispute occurs when neighbouring property owners disagree about the location, ownership or use of the boundary between their properties. The disagreement may concern a fence, wall, hedge, building, strip of land or another feature separating the properties.

The position of a boundary may need to be established by considering several sources of evidence. This can include title documents, conveyances, plans, historical documents, physical features on the ground and evidence concerning how the land has been used. A title plan can be important evidence, but it may not always show the exact position of a boundary to the level of precision required to resolve a dispute.

Not necessarily. A fence, wall or hedge can provide evidence of a boundary, but its position does not automatically establish the legal boundary. The legal position may need to be assessed using the available title documents, historical evidence, physical features and other relevant circumstances.

If you believe your neighbour has moved a fence or other boundary feature onto your land, you should avoid taking matters into your own hands. We can review the available evidence and advise you about your legal position and the appropriate steps that may be available.

If a structure or extension appears to have been built across your boundary, it may raise issues concerning encroachment, trespass and property rights. The legal position will depend on the circumstances, including where the boundary is legally located and what rights or permissions may exist.

Yes. Many boundary disputes can potentially be resolved through negotiation, correspondence, mediation or another form of alternative dispute resolution. Where an agreement is reached, it may be important to document the agreed position properly to reduce the risk of future disagreement.

A professional boundary survey can be useful where the physical position of the boundary is disputed. A surveyor may be able to provide specialist evidence about the physical features and measurements of the land. However, a survey does not necessarily determine the legal boundary on its own. We can advise you about whether specialist surveying evidence may be appropriate for your case.

Potentially relevant evidence can include:

  • Title documents
  • Historic conveyances and transfers
  • Property plans
  • Historical maps
  • Photographs
  • Planning documents
  • Surveyor reports
  • Correspondence between neighbours
  • Statements from previous owners or other witnesses
  • Evidence concerning the historical use of the land

The relevance and weight of each piece of evidence will depend on the circumstances of the dispute.

You should not assume that you can remove or alter a boundary feature simply because you believe it is located on your land. Removing a fence or other structure without properly establishing your legal rights could escalate the dispute or create further legal issues. It is generally sensible to obtain legal advice before taking action.

Adverse possession is a legal concept concerning possession of land without the owner’s permission. In certain circumstances, long-term possession or use of disputed land can raise issues concerning ownership or registration. The legal requirements are complex and depend on factors including the type of land and the circumstances in which it has been occupied. If you believe adverse possession may be relevant to your boundary dispute, specialist legal advice should be obtained.

If your neighbour will not engage with you, we can advise you about the appropriate next steps. This may involve formal legal correspondence, obtaining specialist evidence, mediation or, where necessary, commencing court proceedings. The appropriate approach will depend on the evidence and circumstances of the dispute.

Yes. If court proceedings have already started, we can review the available documents and advise you on the position of your case, subject to the circumstances and stage of the proceedings. We can provide appropriate legal support and representation where available.

Speak to MYM Solicitors
About Your Boundary Dispute

Speak to MYM Solicitors About Your Boundary Dispute

A boundary dispute can affect the use, value and enjoyment of your property. Taking action without first understanding the legal position can sometimes make an already difficult dispute more complicated.

Contact MYM Solicitors today for professional legal advice tailored to your circumstances.

Why Choose MYM Solicitors?

  • Tailored advice based on your individual circumstances
  • Clear explanation of your property rights
  • Assistance reviewing title documents and relevant evidence
  • Advice on boundary, encroachment and access disputes
  • Support with negotiations and correspondence
  • Guidance on mediation and alternative dispute resolution
  • Assistance with formal boundary agreements
  • Support with court proceedings where appropriate
  • Professional and confidential legal guidance

Hear from our Clients

Contact MYM Solicitors Today

Disagreeing with a neighbour about your property boundary? Speak to our legal team to discuss your circumstances and find out how we may be able to assist.

call us now

01753 208 786

Email us

myproperty@mym.law

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