Boundary disputes

From a residential neighbour using part of your garden without permission to encroachment that impedes a development, our property disputes solicitors have extensive experience resolving boundary disputes.

What is a property boundary?

The legal boundary is the invisible line that separates two or more properties. Whilst there may be physical features that indicate the position of the legal boundary, the legal boundary does not exist in any physical form. Conveyancing documents can be ambiguous or inconsistent, and often the position on the ground (the position of the fence, wall or hedge) does not match what the paper title appears to show.

Boundary disputes are renowned for being costly, complex and time-consuming, with marginal differences as to the position of the boundary often escalating into court proceedings being issued. They can also be an incredibly personal and unpleasant conflict, with the dispute usually involving a neighbour with whom you may have previously had a good relationship. Irrespective of the outcome of the dispute, it is often the case that the relationship can never recover.

You will find answers to common questions around boundary disputes in the FAQs at the bottom of this page.

What does a boundary dispute solicitor do?

Boundary disputes require careful analysis of title documents and physical evidence, often working in conjunction with specialist surveyors. They are also frequently contentious: the prospect of losing land/being denied ownership of land that has defined by a boundary feature for years can make these disputes deeply personal as well as commercially significant

Our property disputes team focuses on getting to the heart of the boundary dispute, clearly understanding your objectives, carefully managing risk and achieving a swift, efficient and cost-effective resolution. The team’s ethos is simple: solve the problem.

Our aim is always to try and resolve the dispute without court intervention, using negotiation, mediation, expert determination and other forms of alternative dispute resolution. Where that is not possible, the team has extensive experience of successfully taking adverse possession disputes through to trial.

Why choose B P Collins as your boundary dispute solicitors?

With over 60 years of experience in boundary disputes, we’re consistently ranked by Chambers UK and The Legal 500 for the strength of our property litigation practice. Our solicitors have helped hundreds of individuals, developers and companies navigate their property rights with confidence and clarity.

As with most disputes, early advice can frequently result in a swift outcome, avoiding unnecessary escalation and protecting your position before it becomes more difficult to assert.

Contact our boundary dispute solicitors today

For further information or advice on a prospective boundary dispute, please contact our specialist solicitors. Our teams are based in London, Thame and Gerrards Cross, and can be contacted on 01753 889995 or at enquiries@bpcollins.co.uk. .

Boundary disputes FAQs

How can we find the property boundary?

Land Registry title plans alone are usually insufficient for the purposes of resolving a boundary dispute. The starting point is the original conveyance (the historic boundary line at the date when the land was first divided). If the conveyance is not clear, extrinsic evidence may be considered (i.e. photographs, maps, statutory declarations from former owners, planning permissions, physical evidence on site etc.). Boundary features of new-build properties are often easier to determine than those of a house constructed decades ago. However, the legal principles to be applied remain the same.

What are the risks of not taking action when a third party uses your land without permission?

If you take no action the third party may acquire rights over your land – the longer you leave it, the greater the risk. The rights acquired will depend on the circumstances but, in the worst-case scenario, the third party may even acquire ownership of your land. If think someone is using or occupying your land, we encourage you to obtain legal advice as soon as possible so that appropriate steps can be taken to protect against the third party acquiring rights.

Is there a time limit to take action on a boundary dispute?

There are different limitation periods when it comes to boundary disputes, depending on the nature of the claim being brought. You have between 6 to 12 years to bring an action depending on the form of claim. If there is dispute about the position of the legal boundary and an allegation that a neighbour has encroached beyond the boundary, trespassing onto your land, we encourage you to obtain legal advice as soon as possible so that appropriate steps can be taken to ensure that the risk of a claim being time barred never arises.

What does it mean when they claim to have ‘adversely possessed’ the land?

If a party has occupied land belonging to another for the requisite period of time (usually either 10 or 12 years depending on whether the land is registered or unregistered), they can, if they satisfy the relevant legal requirements, dispossess the paper owner and take the land for themselves. Adverse possession and boundary disputes often go hand in hand. If a party accepts that they have encroached beyond the legal boundary separating the properties, they may look to argue that they have adversely possession the land in question – i.e. the position of the boundary has shifted to encompass that land into their own title.

Does home insurance cover boundary disputes?

This depends on the terms of your insurance policy. Legal cover is often an ‘added extra’ that a homeowner can elect to take out when buying a home insurance policy. It is always best to contact your insurance provider and ask the question. If you do have cover, it is more likely than not that you will only be able to make a claim if you are the party alleging a third party has encroached onto your property.

Who pays for a boundary dispute?

If there is a dispute, the general rule (irrespective of the type of dispute) is that the ‘loser pays the winner’s costs’. That typically applies if the dispute has been incapable of settlement and the parties in dispute have had to issue a court claim and have taken the proceedings to trial. If the parties settle the dispute between themselves, the parties can agree whether one party is going to contribute towards the other party’s professional fees – it often comes down to which party is more likely to ‘win’ and therefore has leverage to demand payment of its professional fees. However, more often than not, to reach a settlement and avoid court, parties will agree to pay their own costs.

Do we need a solicitor or a surveyor for a boundary dispute?

The answer is often: both. Boundary disputes usually involve issues both of legal interpretation and of surveying judgement and therefore, to investigate a boundary dispute properly, legal and surveying advice may well be required. Whilst a surveyor may produce a plan showing the position of the legal boundary, that plan itself may be subject to interpretation. If you are intending to instruct a surveyor, it is not only important that the surveyor produce an accurate plan of the physical features on the ground at the date of inspection but, also plot onto that plan the line shown in the first conveyance (the conveyance that shows the historic boundary line at the date when the land was first divided) or, if there is more than one possible interpretation of the line shown in the first conveyance, the various possible lines. If there are multiple interpretations of where the boundary lies, the surveyor, often supported by a solicitor, should explain which is the one that shows the legal boundary and why, supporting the decision with evidence.

How can we settle the boundary dispute?

There are lots of different options when it comes to settling boundary disputes and, as with most disputes, context is everything. However, the main routes include:

An agreed settlement, showing the position of the legal boundary (on a plan plotted by a surveyor) and submitted to HM Land Registry;
Agreeing to sell the land to the party that is encroaching beyond the legal boundary (and agreeing new boundaries); or
Agreeing to lease/licence the land to the party that is encroaching beyond the legal boundary (and agreeing the position of the legal boundary).

Can you sell your house whilst there is a boundary dispute ongoing?

Yes, you can sell a property whilst it is subject to any form of dispute as long as you can find a buyer willing to take on that dispute. The sale of a property doesn’t resolve the dispute, and the new owner is likely to inherit the dispute. In most cases, you won’t find a buyer willing to buy a property subject to a dispute at the price you want to achieve as they will need to account for the costs of resolving the dispute. Resolving the dispute first allows you to sell the property without having to disclose an ongoing issue to buyers. When completing the Property Information Form (TA6), the seller has a clear legal obligation to answer the questions truthfully, accurately, and to the best of their knowledge. If there is a dispute, you need to make the buyer aware of the dispute. Providing false or misleading information can give the buyer grounds for a misrepresentation claim, which may result in compensation being payable or rescission of the contract.

Our Property disputes services

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