Land, boundary and neighbour disputes | A complete guide

Our property disputes solicitors provide specialist advice and expertise to help deal with all kinds of neighbour disputes over land.

In this guide we look at the types of disputes which typically arise between neighbours or owners of adjoining parcels of land and answer some questions commonly asked by property owners, including those related to boundary disputes.

The right guidance from our specialist team will maximise your chances of successfully resolving issues with your neighbours as they arise and in the most smooth and stress-free way possible.

Contact us for a free initial consultation with a specialist property disputes solicitor to discuss your situation in detail.

Frequently-asked questions:

Click on the links below to jump to the different questions.

• Where is the boundary of my property?
• What can I do to avoid a boundary dispute with my neighbour?
• Can I agree the position of a boundary?
• What happens if a neighbour damages my property?
• Who owns the boundary?
• My neighbour is trespassing on my land. What can I do?
• What is adverse possession?
• What can I do about Japanese Knotweed?
• What rights do I have over my neighbour’s land?
• Can my neighbour block my right of way?
• Can I cut back overhanging branches or tree roots?
• What do I do if my neighbour wants to carry out works to their property to or along the line of the boundary?
• How can I get access to repair my property?
• What can I do to stop my neighbour blocking my light?
• Is my neighbour allowed to develop their land?
• How we can help with land, boundary and neighbour disputes

Where is the boundary of my property?

There is no requirement on homeowners to document boundaries, although it can help to avoid future disputes. Land Registry plans, which are typically based on Ordnance Survey plans, record the extent of land ownership and in so doing only show general boundaries.  These should not therefore be relied upon when considering boundary disputes.

When considering the position of a legal boundary, a good starting point is is to look at the original title deeds from when the land was first conveyed.

Where the original title deeds are unclear or, as is often the case, they have been lost, it is necessary to consider whether there is any other extrinsic evidence which may be used to determine the position of the boundary. Evidence could include Land Registry title plans, O/S maps, boundary features and historic photographs. Once you have collated all available evidence, it’s usually necessary to instruct an expert boundary surveyor to prepare a report on the position of the legal boundary.

If the title deeds don’t clearly show where the boundary lies, please get in touch with our team of property disputes solicitors who can assist you with this.

What can I do to avoid a boundary dispute with my neighbour?

If you’re unable to reach an amicable agreement with your neighbour after you have checked the title deeds, you can contact our experts who can assist you with the boundary dispute.

We would suggest jointly seeking to instruct an expert boundary surveyor with your neighbour to have a look at the title deeds, and if necessary, any other evidence (such as plans, maps, boundary features or photographs). While typically a report would not be legally binding, it may be used as a starting point in any agreement negotiations.

Sometimes it’s not possible to settle boundary disputes, and it is necessary to involve the courts. However, there are multiple options available before issuing court proceedings, such as mediation. Court proceedings can be costly and time consuming and so exploring other options to try to settle the matter before this stage can be beneficial.

Can I agree the position of a boundary?

It is clearly established as a matter of law that agreements between neighbours clarifying the position of an uncertain boundary are legally enforceable and are binding on future owners of the land.

Agreements don’t have to be written and formalised, and they can be inferred from the actions of the parties towards a particular boundary.

In light of this, putting a boundary agreement in place can clarify any uncertainty and such agreements are therefore a pragmatic and sensible way of resolving issues between neighbours and thus avoiding a dispute.

What happens if a neighbour damages my property?

A neighbour who damages your property will be deemed to have trespassed on your land, which gives rise to a claim for damages.

Broadly speaking, the amount of damages payable will be limited to the costs involved in repairing the damage caused, but it may also include, depending on the extent of the damage caused, a sum to compensate you for the loss of enjoyment of the land.

Who owns the boundary?

The starting point in determining the ownership of the boundary, and hence the responsibility for maintaining the boundary feature, whether it be a fence, wall or hedge, is to look at the title deeds for specific information regarding boundary ownership or maintenance responsibilities.

Commonly, the existence of an inward facing ‘T’ mark on a deed plan which is referred to in the text of a deed is indicative of who owns the boundary, whilst ‘H’ marks or two ‘T’ marks back-to-back indicate shared ownership.

Where the ownership or responsibility for maintenance cannot be determined from an inspection of the title deeds, that boundary is generally best regarded as a party boundary. Any alterations or replacement of the boundary should then only be done with the agreement of the adjoining owners.

My neighbour is trespassing on my land. What can I do?

If your neighbour is trespassing on your land, the starting point is to send a letter setting out the background to the claim, summarising the position in law, providing evidence as to why it is that their actions are trespassing, and inviting them to stop within a prescribed time frame.

Subject to any response received from your neighbour, you may then decide to issue a claim for trespass. This would seek a court order to require your neighbour to stop trespassing on your land and/or for damages.

What is adverse possession?

If someone occupies land for a certain period of time, and meets certain legal requirements, they may be able to claim ownership of the land by the doctrine of adverse possession. Such a claim can be used as a defence to a claim for trespass.

Essentially, a party must prove they have physically used the land, intended to treat it as their own, done so continuously, and without the owner’s permission for the required legal period.

The duration and requirements necessary to claim title by adverse possession are different depending upon whether the land is registered or unregistered. This is a complicated area of law and if you think you have a claim or that your land is at risk of a claim being brought against it, get in touch with our experts who have experience in these types of neighbour disputes.

What can I do about Japanese Knotweed?

Japanese Knotweed is an invasive plant species which can cause significant damage to properties making it a concern to homeowners and homebuyers. It can be a catalyst for neighbour disputes in the UK, frequently leading to legal action and significant financial implications for homeowners. While a landowner has no legal obligation to remove it, they can be prosecuted if it is found that they have allowed it to spread into the wild.

Separately, if the plant grows alongside a boundary, courts constitute this as a legal nuisance. Failure to take steps to deal with it can lead to claims for substantial damages as well as very expensive remedial work to tackle the problem and stop it spreading.

What rights do I have over my neighbour’s land?

Legal easements, commonly known as rights of way, are often granted to a property over adjoining land. These may include rights of way on foot or with vehicles, rights to park, drainage rights, and rights for other types of utilities such as water and electricity (although this is not an exhaustive list).

Rights of way may be expressly granted, in which case they are likely to be recorded in the title deeds to your land and registered at the Land Registry, or they may arise by long use or by implication.

The use and extent of the rights of way reserved over your land, whether expressly or by implication, will depend on the terms of the grant and the circumstances of the case and will often be subject to a corresponding requirement to contribute to the costs of maintenance and repair.

Rights of way run with the land, which means that the benefit – and burden – of the right of way will pass on a sale or purchase of the land to the next owner.

Can my neighbour block my right of way?

Where land has the benefit of a right of way over neighbouring land, and your neighbour takes steps to prevent you from using that right of way, then this may give rise to an actionable nuisance. In other words, you may be able to start legal proceedings against your neighbour.

For example, a neighbour installs a locked gate over a driveway from which you have a right to gain access from or to leave or exit your land, and therefore, their actions interfere with your right of way. In these circumstances you may be able to bring a claim to abate the nuisance, which, in this instance would include an order that the gate be removed or left unlocked.

The neighbour may be entitled to restrict a party’s use of a right of way where either that party has refused to contribute to the costs of maintenance where they are required to do so by the terms of the grant, or the person with the benefit of the right of way has sought to substantially increase the extent of the grant. An example of this may be where a right of way was granted in favour of one dwelling house, and the neighbouring owner substantially develops their land and constructs a hotel.

Can I cut back overhanging branches or tree roots from my neighbour’s land?

Where branches from a tree planted on your neighbour’s land overhang the boundary between your land and theirs, or roots extend over the boundary line, you have a right to trim them back to the boundary provided that your actions do not harm the overall health of the tree.

The first thing to do is to have a friendly discussion with your neighbour, on the basis that many neighbour disputes can be resolved before they start through direct communication. If that’s not successful, then you should document the issue by taking photos of the overhanging branches and any damage being caused.

Following this, it may be helpful to speak to a property disputes solicitor to understand your rights and if necessary, engage them to write an initial letter to request that action be taken.

What do I do if my neighbour wants to carry out works to their property to or along the line of the boundary?

The Party Wall Act 1996 is designed to assist in situations where a neighbour is planning to develop their land. The act covers various matters including:

• work that is going to be carried out directly to an existing party wall or party structure
• new building at or astride the boundary line between two properties; and
• excavation within 3 or 6 metres of a neighbouring building or structure depending on the depth of the hole or proposed foundations.

Work may fall within more than one of these categories and involve different types of buildings and structures for example houses, garages and office buildings.

If you’re not sure whether the act applies to any work that you are planning, or is being carried out by your neighbouring owner, you may wish to discuss those works with our property disputes solicitors to ensure compliance, before any further steps are taken.

How can I get access to repair my property?

Quite often a homeowner will need to gain access to their neighbour’s land to carry out works to their property and where they’re otherwise unable to do so. Such work typically includes the erection of scaffolding to carry out works to the roof or flank wall.

If your neighbour refuses to grant permission, then provided the access is required to carry out essential maintenance or repairs, you may benefit from the legal framework provided in the Access to Neighbouring Land Act.

Under the act, a property owner may apply to the court for access to a neighbouring property to carry out necessary preservation works on their own land. However, the act doesn’t apply to a new development such as the construction of an extension to your property.

What can I do to stop my neighbour blocking my light?

A right to light is an easement giving a property owner the right to enjoy the light passing over somebody else’s land and through a defined aperture. This doesn’t apply to a person’s garden.

As with other easements, a right to light may be expressly granted or arise by implication or long use.

Rights of light are quite complex, and a starting point would be to engage a right to light surveyor to determine whether the proposed works to the adjoining land will interfere with the light enjoyed by your property. If this is the case, you may have grounds to action a claim for nuisance.

Is my neighbour allowed to develop their land?

Covenants are rules affecting the way a property can be used and are usually written in to the title deeds when a property is constructed. Restrictive covenants, as the name suggests, restrict you from doing or allowing to be done certain things on your property. Typically, their purpose is to maintain the character of an area and may be imposed by developers to ensure uniformity.

Land may be subject to the benefit or burden of restrictive covenants which can affect how a landowner may use their land. Such covenants can range from a restriction on the development of land or, where leasehold land is concerned, something more mundane such as restrictions on parking different types of vehicles on a driveway or hanging out washing.

To determine whether your land, or your neighbour’s land, is subject to the benefit or burden of restrictive covenants, the starting point is to look at the title deeds to the respective properties. Subject to that, you may be able to prevent unwanted development.

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How we can help with land, boundary and neighbour disputes

If you are experiencing or anticipate having a dispute with your neighbour over a boundary or any of the issues discussed, seek legal advice at an early stage to put yourself in the best possible position.

Our experienced team of property disputes lawyers can help with any issues you’re facing with your land or neighbours and we aim to resolve it as quickly and cost-effectively as possible.

Please get in touch today for an initial consultation to discuss your situation and the associated costs.

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Disclaimer: Please note that this page is for guidance only and does not replace legal advice. Speak to us if you seek advice, we’d be delighted to help you resolve any neighbour disputes you are experiencing.