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What Are Boundary Disputes

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  • 23-01-2023
What Are Boundary Disputes

Have you wanted to find out more about  boundary disputes. This article asks what are boundary disputes and looks at how you can resolve a boundary dispute. Kent Property Witness offer RICS expert witness surveyor services for Tonbridge and Kent. We offer boundary disputes resolution in Tonbridge and Kent

What are boundary disputes?

Of all the frustrating and mind-boggling legal disputes homeowners or landowners occasionally have to deal with, boundary disputes rank amongst the worst. 

Part of this frustration comes from the vagueness of UK law surrounding boundary disputes. What initially seem to be simple issues can quickly become overwhelming obstacles, especially with the twelve-year limitation period to find extrinsic evidence and determine the exact line of the boundary. 

In this article, we hope to simplify property disputes and point you in the right direction if you ever have to deal with one.

Although this does not constitute legal advice, and you should seek professional assistance in any boundary dispute you are facing. This is the appropriate method to determine who has exclusive possession of a boundary. Neighbours can disagree over many things, but a boundary dispute is where two joining landowners disagree about where one property ends and another begins. 

Disputed boundary agreements are particularly troublesome because the typical boundary dispute costs often outweigh any financial gain you might make from it.

Not to mention that in most cases, it's usually a tiny piece of land, usually only a few square centimetres, being disputed. Land such as this won't have much value in of itself but may grant one landowner or another entry or space for leisure activities. 

Not only are boundary disputes expensive and usually contested over tiny pieces of land, but they can often sour relationships between neighbours.

After all, taking one another to court isn't the best way to foster neighbourly harmony. If you own a flat or a terraced house, you may think yourself immune to boundary disputes, but they can even arise in these situations. Flat owners or owners of terraced houses can come up against party wall and boundary issues like any other property owner. 

WHAT IS THE ROLE OF AN EXPERT WITNESS SURVEYOR?

THE LAW ON DETERMINING A BOUNDARY 

The legal framework and civil procedure rules for resolving a boundary dispute in the UK is the judgement in the case of Pennock v Hodgson [2010]. 

This case established the standard alternative dispute resolution, beginning with the to-the-point phrase "How to construe a conveyance". Those looking to prepare themselves for a boundary dispute who want to know what their legal rights are should consult this finding first.

When a court is tasked with determining the exact boundary between two properties, they must find the historic boundary line from when the very first conveyance (dividing of the land) was carried out on the said property. 

To construe this conveyance, the court proceedings must follow pre-established principles. Essentially, they must stand in the shoes of a reasonable arbitrator who can only consider the objective information and background knowledge they are provided.

This means they must interpret the initial conveyance boundary as a reasonable person would, with the personal arguments of the two neighbours in the dispute being inadmissible in the arbitration.

What Are Boundary Disputes?

Therefore, it is not uncommon for someone to initiate a legal boundary dispute only to have the court declare their neighbour the winning party. Such cases are yet another risk to bear in mind when you are thinking of disputing a boundary line.

In most cases, when the Pennock vs Hodgson [2010] ruling is used and the historic conveyance of a property is consulted, it will be the topographical features on the land the property sits on that determine a boundary line. Courts will often refer to the historic conveyance plans and pick out environmental features, such as hedges or ditches, as a reasonable method of establishing where the boundary line sits.

Naturally, how easy the conveyance records in question are to understand will be the main factor in how quickly the boundary dispute is resolved. Newer conveyance records, such as those for new builds only a few years old, will be easier to comprehend than those created in the 19th century. In either case, the quality and level of detail in the historic conveyance records will determine their value to your case, though they do not affect the legal principles the court will use to arbitrate. 

Causes of boundary disputes

Possibly the most common reason why neighbour disputes arise is when one property owner attempts to build something on the exact boundary line between their and their neighbour's land. Aside from the fact that this construction may encroach on the neighbour's property, there may be restrictive covenants in the title deeds preventing one neighbour from restricting the right to "air and light" for the other's property. Here we get an insight into the vagueness of property boundary line regulations and property laws, such as the Land Registration Act [2002].

Obstructing the "right to air and light" can be interpreted in several ways. For example, it could pertain to a new fence your neighbour has erected, or you could argue something as small as a bird box obstructs your property when placed on the boundary line. You could also fall into a rabbit hole arguing about what constitutes "obstruction" altogether, which is why professional help is so vital when you enter into a boundary dispute. 

There are many reasons why a boundary dispute may arise between two landowners, but some of the most common include the following:

Legal & Technical Problems


  • A property changes ownership, with previous owners establishing a new boundary line.
  • The available legal document or conveyance records determining property boundaries are vague or unclear.
  • There is insufficient evidence for the registered land to determine the exact boundaries of a property.
  • Contradictions in mapping techniques, such as what may differ between an ordinance survey map and the Land Registry title plans of a property.
  • There are claims of adverse possession.
  • There are errors in the conveyancing of a property or at the Land Registry.

Physical Problems


  • New extensions or building improvements have been recently constructed.
  • Dividing features like footpaths, fences or hedges have been repaired or replaced.
  • The land or property has in any way been developed.
  • Pipework or drain systems may encroach onto neighbouring properties.
  • Disputes over rights of way may arise.
  • Physical features of a property may change over time, such as the growth of trees or overhanging foliage. 

Examples of boundary disputes

Here are some common examples of boundary disputes that may arise between neighbours.

 House Extensions

Extensions are one of the obvious areas where boundary disputes can start. People usually encounter problems during the construction stage since this is the stage your neighbour realises how close your extension comes to the boundary line.

Even if they've previously consented to your extension, sometimes the size or dimensions of your extension can change during the construction process, possibly limiting access to views or natural light. Additionally, if your extension threatens to limit access to shared pathways or encroach onto your neighbour's garden or property, you'll likely find yourself in a dispute.

 Trees

Landscaping is another area where the boundary of your property can cause issues. For example, trees often need pruning or removal if they threaten building damage.

However, if you accidentally or intentionally remove or damage your neighbour's trees, you're liable to replace them with one of the same size and age. Fully-grown trees aren't cheap, meaning a tree boundary issue could cost you tens of thousands of pounds. But like any boundary dispute, this works both ways. If one of your trees overhangs your neighbour's boundary or causes damage to their property, you could find yourself amid a boundary dispute.

 Fencing

One of the most common reasons neighbours fall out over a boundary dispute is fencing. Whether you're building new fencing or need to replace some that are rotting and falling down, they are a key source of contention since they typically exist on the exact boundary line itself.

If your property has a garden, you are likely responsible for a portion of the fencing along its boundary. Some believe they are responsible for the right-hand fences of their property, but this is not always the case. When these fences become damaged, it is your responsibility to repair or replace them, and failing to do so can lead to a boundary dispute. 

How Can I Resolve A Boundary Dispute?

Again, a dispute can arise for various reasons, whether one party wants to secure an entryway for itself or simply to determine where the boundary line sits between two properties.

If you disagree with your neighbour about a boundary line, you must submit your objection in writing to HM Land Registration. You will want to seek legal advice at this stage, as the Land Registry will call you and your neighbour to negotiate an agreement. If this fails, your case will be given over to a tribunal.

Hopefully, you won't have to go that far, with you and your neighbour willing to compromise on an informal agreement at an early stage. Remaining calm and friendly when discussing your dispute with your neighbour is the best approach.

It's when things turn personal that boundary disputes tend to become more complex. If the land in question doesn't hold much value, the legal costs for you and your neighbour can quickly outweigh the benefits of the dispute anyway.

HOW CAN I RESOLVE A BOUNDARY DISPUTE?

To avoid things making their way to the courts, you and your neighbour can jointly appoint independent chartered land surveyors with experience in general boundary disputes, case law and property litigation. These qualified professionals will arbitrate on your behalf and reach a reasonable agreement. Your surveyor will consult any and all evidence, they will confer with your neighbour's surveyor and agree on the newly determined boundary line.

They will then submit this new boundary to the Land Registry in the form of a Boundary Agreement. Chartered surveyors will carefully review the following during a boundary dispute to provide a definitive answer: Survey the land in question - Check your title deeds - Check historic plans for your property - Consult the Land Registry records - Research historical documents - Consult aerial photographs of the boundary features in question. 


Are you looking for advice about boundary disputes and boundary dispute resolution in Tonbridge and Kent? 

Contact  our boundary dispute surveyors to discuss your requirements.