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Boundary Disputes

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Boundary Disputes

Boundary Disputes With Neighbours

If you’re disagreeing with your neighbour about whose responsibility a boundary is, you will need to purchase your title deeds (Title Register and Title Plan). You can do this by using the search box above. If there are any repair and maintenance obligations for boundary structures (e.g. fences and walls) they will be indicated on the Title Plan by coloured markings and T markings. These markings will then be referred to on the properties title register.

What Is A Boundary Dispute?

Boundary disputes emerge when one or all parties are unaware of where their respective property divisions lay. Fencing divides, trees, shrubs, paths, and, in more extensive situations, additions and construction activity are typical examples of boundary disputes with neighbours.

What Are The Reasons That Contribute To Boundary Disputes With Neighbours?

The reasons why parties involved may be engaged in boundary disputes are many. These may be divided into technical/legal concerns and physical issues. 

We may consider the following  concerns among the physical issues:

  • Right of way
  • Pipes and drains’ locations
  • Construction of property 
  • Extensions and improvements to the structure
  • Fencing, paths, and hedges may need to be repaired or replaced.
  • Physical elements that vary throughout time, such as overhanging foliage

The following are technical and legal reasons that lead to property disputes: 

  • Adverse possession claims
  • A change in a property’s ownership
  • Errors made during the conveyancing process 
  • There isn’t enough information to establish property lines.
  • Disparities in mapping methodologies, such as ordinance surveys vs title plans
  • There is a lack of clarity or comprehension in the relevant legal papers of property divisions

How Can I Determine Who’s Responsibility A Boundary Is?

Gathering as much detail as possible regarding your property and its surrounding properties is the first step. You can do this by purchasing each property’s title deeds (Title Register and Title Plan). Most title plans don’t show the exact boundary between two properties, and in most cases, the exact boundary info is not available. However, if there are any repair and maintenance obligations for boundary structures (e.g. fences and walls) they will be indicated on the Title Plan by coloured markings and T markings.

What If I Can’t Settle A Boundary Conflict?

We recommend you get help from The Boundary Disputes Mediation Service (BDMS)

( https://www.rics.org/uk/products/dispute-resolution-service/drs-services/boundary-disputes-mediation-service/ )

The Boundary Disputes Mediation Service (BDMS) is designed by RICS and the Property Litigation Association and supported by the Civil Justice Council (CJC) to help neighbours resolve disputes about boundary lines and related issues. It provides a quicker, cheaper and more informal approach than litigation while helping neighbours to deal with issues that are at the heart of their dispute in a positive and proactive way.

Mediation allows the parties to take ownership of dealing with their dispute and helps them to achieve an outcome that is satisfactory to all. The Mediator helps the parties to define the issues clearly, understand each other’s position and move closer to resolution. Where there are multiple issues at play, the Mediator will work with the parties to narrow the range of issues between them and help them find possible solutions that are acceptable to both sides.

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