Boundary Dispute Solicitors

+ Fences, Hedges and Walls

These are among the most frequent causes of tension between neighbours. Disputes often begin when a new fence is erected, an old wall is replaced, or a hedge is removed or allowed to grow out of control. Questions around the correct placement, height, or ownership of these structures can quickly lead to conflict, particularly where boundaries have never been formally agreed or marked on the ground.

+ Boundary Encroachment

Encroachment happens when a neighbour builds or extends onto land that legally belongs to you. This might involve an extension, driveway, retaining wall or outbuilding that crosses the boundary. Even minor alterations, such as garden landscaping or planting, can result in a legal dispute. In some cases, works carried out close to a shared wall may also fall under the Party Wall Act 1996, which sets out strict rules on notice and consent. We can advise you on how to protect your position if a neighbouring development affects your property.

+ Responsibility for Maintenance and Repair

When a boundary fence or wall is in disrepair, neighbours often disagree over who should put things right. In some cases, Land Registry plans may include T-Marks or H-Marks, which indicate responsibility for maintaining a boundary feature. However, these markings are not always present or conclusive. We help clients review the legal documents, historic use and physical evidence to determine responsibility and avoid unnecessary disputes.

+ Adverse Possession Claims

Adverse possession occurs when someone occupies land without permission and seeks to claim ownership after a certain period of time. The occupier must have used the land openly and exclusively, without consent, for at least 10 years if the land is registered, or 12 years if unregistered. These claims can arise when a neighbour has fenced off part of your land, built on it, or maintained it as their own for many years. We advise clients both in defending their property rights and in asserting claims where long term use may justify registration.

If you're dealing with any of these issues, our Boundary Dispute Solicitors are here to provide clear legal advice and take the steps needed to resolve matters quickly and effectively.

+ What are the Common Reasons for Boundary Disputes?

Boundary disputes often arise when the legal line between two properties is unclear. This may be due to vague or missing title plans, or because fences, walls, or hedges have been moved or replaced over the years. In some cases, misunderstandings about the boundary have simply been passed on from previous owners.

Problems typically begin when one neighbour makes changes close to the boundary. This might involve building a fence, putting up an extension, or regularly maintaining land that the other party believes is not theirs. Disputes can also stem from issues with shared access, overgrown hedges, or disagreements over who is responsible for repairs.

Even a seemingly minor disagreement can quickly escalate if not handled carefully. Seeking legal advice early on helps you understand your rights, take control of the situation, and prevent the problem from becoming more serious.

+ What are Boundary T Marks and H Marks?

T-Marks and H-Marks are symbols that may appear on title plans registered with HM Land Registry. They help to show who is responsible for maintaining a boundary feature, such as a fence or a wall.

A T-Mark that points toward your property usually means that you are responsible for that side of the boundary. An H-Mark, which looks like two T-Marks back-to-back, often indicates shared responsibility between both neighbouring properties.

However, these symbols are not always present and are rarely legally conclusive on their own. Responsibility for a boundary may also be set out in historical title deeds, agreed between neighbours, or based on how the boundary has been maintained over time. Where the position is unclear or disputed, legal advice can help determine where responsibility lies.

+ How do I Determine a Boundary Line?

To determine where a boundary lies, the starting point is usually your property's title deeds and the Land Registry plan. However, these documents often show general rather than precise boundaries and they may not reflect changes that have taken place over the years.

A detailed investigation may be needed. This could include reviewing historic conveyances, planning records, aerial photographs, and any written agreements between previous owners. In many cases, we will recommend working with a specialist boundary surveyor who can assess the land and produce an expert report. We’ll then use this alongside legal evidence to help establish and protect your position.

+ What is a Boundary Agreement?

A boundary agreement is a written record of where two neighbours agree the boundary between their properties lies. It is often used where the legal boundary is unclear or where it has shifted over time due to informal arrangements or building works.

The agreement usually includes a plan showing the agreed boundary line and may also set out who is responsible for maintaining any fences or walls. Once signed by both parties, it can be submitted to HM Land Registry to be added to the title records of both properties. This gives the agreement more weight and helps avoid future disputes, especially when either property is sold.

Boundary agreements are particularly useful when neighbours want to settle a dispute amicably and avoid escalating the matter to legal proceedings.

+ What is Adverse Possession?

Adverse possession refers to a legal process where someone who is not the registered owner of land can apply to take ownership if they have occupied it without permission for a certain period of time.

For registered land, the required period is usually 10 years. For unregistered land, it is generally 12 years. During this time, the occupier must have used the land openly, without consent, and as if it were their own. Examples include maintaining a strip of land, building over it, or fencing it off as part of a garden.

Adverse possession claims can be contentious and may come as a surprise to landowners who were unaware that part of their land was being used in this way. Understanding how the land has been treated and gathering the right evidence is key to either asserting or challenging a claim.

+ How are Boundary Disputes Resolved?

There are several ways to resolve a boundary dispute, and the right approach depends on how much the neighbours are willing to cooperate. In many cases, the first step is to open a dialogue and attempt to reach an informal agreement, supported by legal advice and evidence.

If that is not successful, the next option is often mediation, where an independent third party helps both sides reach a practical solution. Mediation can be quicker and less expensive than going to court, and it gives neighbours the chance to reach a resolution without further damaging the relationship.

Where an agreement cannot be reached, it may be necessary to apply to the County Court or to the First-tier Tribunal (Property Chamber) for a decision. In these cases, expert evidence such as a surveyor's report is often required. Our Boundary Dispute Solicitors can guide you through every stage of the process, from early negotiation to formal proceedings where needed.

+ Can you Sell a House with a Boundary Dispute?

It is possible to sell a property that is subject to a boundary dispute, but it can complicate the process. You are legally required to disclose any ongoing disputes or unresolved issues to potential buyers. Failing to do so can lead to legal claims in the future.

A boundary dispute may put buyers off or reduce the property’s value, particularly if the issue is ongoing. In some cases, sellers choose to resolve the dispute before putting the property on the market. Others may agree to settle the matter after the sale, such as by covering the cost of legal fees or reducing the price.

If you're thinking about selling a property with a boundary issue, it is best to get legal advice early to understand your obligations and your options.