Boundary Disputes: Why early advice matters

Boundary disputes remain among the most challenging issues in property law. During the Covid 19 pandemic, their frequency increased notably, as homeowners spent more time on their properties and became more aware of perceived encroachments or uncertainties about boundary positions.

While disputes often relate to seemingly minor strips of land, these areas can be critical—for example, in providing access or securing rights that are important to both current owners and prospective purchasers. What appears trivial to an outsider is frequently of significant practical value to those directly affected.

Staying calm and seeking early advice

If a boundary issue appears to be emerging, maintaining a calm and measured approach is vital. Once relations deteriorate, positions can harden quickly, making an amicable resolution far more difficult.

Taking early advice from a surveyor or solicitor can help clarify rights, reduce misunderstandings, and create an opportunity to resolve matters before they escalate. Independent professional input often helps to defuse tension and steer discussions onto a more constructive path.

However, some disputes arise because one party simply adopts an unreasonable stance. In such cases, it becomes important to assert your legal position firmly while continuing to engage in reasonable dialogue wherever possible.

The role of mediation

Mediation is increasingly used to resolve boundary and neighbour disputes. It is a voluntary process in which a trained mediator helps the parties work towards a mutually acceptable agreement. Although a mediator cannot impose a resolution, settlements reached through mediation tend to be more durable than outcomes dictated by a court.

The Royal Institution of Chartered Surveyors (RICS) offers a specialist mediation service for boundary issues, with mediators experienced in the particular dynamics of neighbour disputes.

Understanding common misconceptions

Boundary disputes often arise from assumptions made without a proper understanding of the legal and factual position. Some of the most common misconceptions include:

• Land Registry title plans show general boundaries only. They do not identify the precise legal boundary unless expressly stated, and cannot be used as scale drawings.
• Fences, walls and hedges are not definitive boundary markers. These features are frequently positioned slightly inside or outside the true boundary line.
• Long standing structures do not prove the correct boundary position. Buildings are often constructed in a different position to the plan that identifies it.

A boundary surveyor’s report is required in the majority of cases—nine out of ten in my experience—to establish the likely legal boundary.

Adverse possession: Narrowed rights

Since the Land Registration Act 2002 came into force, claiming adverse possession has become considerably more difficult. Adverse possession will now succeed only in limited circumstances, typically where there has been a genuine mistake about the boundary or where the conduct of both parties has implied acceptance of a particular boundary line.

The cost of getting It wrong

Boundary disputes can become financially draining. When cases proceed to court, the general rule is that the unsuccessful party pays the successful party’s costs—an outcome that can significantly increase the overall financial impact.

Applications can be made to the Land Registry to fix a boundary. However, if the boundary position is disputed, the matter will usually be referred to a tribunal, which involves a process similar to litigation through court

Conclusion

Most boundary disputes arise from incorrect assumptions about boundary positions. Once those assumptions are entrenched, expectations become difficult to shift. Early professional advice remains the most effective and cost efficient way to avoid a dispute or to prevent an emerging issue from escalating into protracted litigation. 

For expert legal advice on clarifying your property's boundary, or resolving a neighbour dispute, contact David Hacker on 020 8461 6151, or a solicitor in our Real Estate Dispute Resolution team.