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How to Resolve a Boundary Dispute
28 May 2025
Boundary disputes are one of the most frustrating and emotional legal issues for homeowners and landlords alike. What often starts as a small disagreement, like where a fence is placed, can quickly turn into an expensive and time-consuming battle.
Here’s a clear, no-nonsense guide on how to avoid, manage, and resolve boundary disputes in England and Wales.
What Is a Boundary Dispute?
A boundary dispute happens when neighbours disagree about where one property ends and the other begins. Common issues include:
- Disputes over fences, hedges, or shared driveways
- Unclear or outdated title plans
- Encroachments (e.g., a shed or extension crossing into your land)
- Disagreements rooted in long-standing informal use
Title plans from the Land Registry aren’t always precise, and many boundaries are based on old habits or assumptions, not exact measurements.
How to Prevent a Dispute
Most boundary disputes can be avoided with good communication. Here’s how:
- Talk first: If you’re planning to build a fence or extension, speak to your neighbour before work starts.
- Keep things clear: Maintain your boundary features (like fences or hedges) so they don’t fall into disrepair.
- Get agreements in writing: A casual chat today can avoid legal issues tomorrow.
Also, if your boundary borders a road or footpath, check with your local authority before starting work.
Common Causes of Disputes
Some of the usual triggers include:
- Title plan confusion (Ordnance Survey maps aren’t always exact)
- Replacing a hedge with a fence without confirming the original boundary
- Building too close to the edge of your property
- Ambiguous wording in old deeds
- Adverse possession claims (“squatter’s rights”) from long-term use of land
Understanding Legal Boundaries
Title plans show general boundaries, not exact lines. To pinpoint the legal boundary, you may need:
- Historical deeds and maps
- Surveys and physical markers
- Expert reports or aerial photos
If there’s still disagreement, the Land Registry can help determine the boundary under Section 60 of the Land Registration Act 2002 but only if both parties can’t agree informally.
Resolving a Boundary Dispute: Step-by-Step
- Start with a conversation
A polite chat can clear up most misunderstandings. Keep notes and follow up with a friendly written summary.
- Check Land Registry documents
Download your title plan and your neighbour’s. They can give you a starting point, even if they’re not 100% precise.
- Hire a boundary surveyor
A RICS-accredited surveyor can inspect the land, review documents, and prepare an expert report. This can often resolve things before they escalate.
- Consider mediation
Mediation is quicker, cheaper, and less stressful than going to court. Courts expect parties to try resolving disputes this way first.
- Legal action as a last resort
If all else fails, you may need to apply to the First-tier Tribunal or County Court. This can be costly, so legal advice is essential.
Formalising an Agreement
Once a boundary is agreed upon:
- You can create a Boundary Agreement to make it legally binding
- If deeds are incorrect, a Deed of Rectification may be needed
- This protects both parties and prevents future disagreements
Adverse Possession: Know the Risks
If your neighbour has used part of your land openly and without your permission for 10+ years (12 for unregistered land), they may be able to claim ownership under adverse possession laws.
These claims are complex, seek legal advice early if this might apply.
Boundary disputes don’t have to become a full-blown legal war. With early advice, open communication, and the right support, you can usually find a fair resolution.
Need help? Whether you're facing a potential dispute or already in one, our property solicitors are here to guide you through every step, from informal negotiations to tribunal applications. Contact our property team on 01202 526343 or via online: Contact Us AB Solicitors For Your Legal Needs
Further Information
