Boundary Disputes

Boundary wall and fence disputes

Usually, you are responsible for the wall or the fence on the right-hand side of your property, and your property title deeds will clearly show this. However, sometimes boundary ownership is not clear.

A wall is generally viewed as a more definite boundary marker than a fence, as fences rot and are replaced more frequently over time.

Sometimes a dispute can arise between neighbours about maintaining a boundary wall or fence. It can be expensive to maintain walls and replace fences, so it is vital that ownership is clearly established. Disputes need to be resolved quickly, particularly if there is an unsafe wall.

The Party Wall Act 1996 governs structural changes to shared walls, ceilings, and outdoor boundaries. It mainly applies to major alterations that could affect adjoining properties. If you or your neighbour plan renovations impacting a shared wall, consulting a solicitor ensures compliance and safeguards your interests. 

Land boundary disputes

When two people believe they have the right to occupy a piece of land, this can cause boundary disputes. Often a dispute arises because one party builds an extension, an outbuilding, a fence or a wall on land which another person thinks belongs to them.

To find out where a legal boundary lies, a solicitor can look at the title deeds to the properties. They may also examine a range of other evidence, including photographs, plans, historical documents and evidence from witnesses.

Resolving boundary disputes

Boundary Disputes can be highly stressful and challenging for all parties involved. If you and your neighbour have a disagreement, the initial approach should be to remain calm and work towards a peaceful resolution by reviewing relevant documents together. 

If you agree on a property boundary line, you can instruct our specialist boundary dispute solicitors to draw up a legal agreement to submit to the Land Registry. This will ensure that the boundary is officially established and recorded.

Where an amicable agreement cannot be reached, our solicitors can help you. They may negotiate with the other party’s solicitor to resolve the issue. If the dispute is not resolved at this stage, then it will still help to clarify both of your positions.

Another way to resolve the dispute is through mediation. An independent mediator will facilitate discussions between you and your neighbour to help you to reach an agreement. Mediation is a formal process that usually results in a quicker, less stressful and cheaper conclusion than taking matters to court. A constructive settlement can also be reached to resolve the dispute, which is not an outcome that a court can order.

Resolving a dispute in court should be a last resort. At court, the Judge will need to assess the evidence, often involving expert surveyor reports. Our solicitors will build a strong case and support you throughout.

How much does a boundary dispute cost?

The cost of a boundary dispute varies considerably as this will depend on whether your case can be settled early or proceeds to court.

Our dispute resolution solicitors will do everything possible to help you to resolve your dispute quickly to reduce stress and keep costs down.

Do you need legal help to settle a dispute?

Whether you would like specialist advice about boundary disputes or legal support to negotiate a settlement with a neighbour, we can help you.

Davisons were established in 1985 and has many years of experience in resolving property disputes through negotiation, mediation, and court action if necessary.