Boundary disputes are a common headache for property owners, both residential and commercial. What may seem a relatively simple disagreement over a hedge or a driveway can in fact escalate quickly if left unresolved, leading to strained relationships with neighbours and potentially leading to costly disputes.
It is therefore important to be aware of the issues that arise in boundary disputes and how we can assist in resolving matters and preventing further disputes.
What is a boundary dispute?
A boundary dispute is simply defined as being a disagreement between two or more parties regarding the boundary that separates their properties. These disputes often arise from unclear or outdated deeds, inaccurate plans, or changes to environment including the removal hedges or boundary walls, or the movement of a river.
What is a boundary?
A boundary is the invisible line dividing one party’s property from another. You can get an idea of where the boundaries for your property lie by looking at the Title Plan belonging to the property.
However, this should be viewed with caution. Title Plans do not show the exact boundaries and the red line surrounding your property actually provides a general boundary rather than a precise outline.
The Land Registry uses Ordnance Survey (OS) as a basis to produce their Title Plans. Land Registry guidance provides that the width of a line on a 1:1250 Ordnance Survey map roughly represents 0.3 metres on the ground. Further, the width of a line on a 1/2500 Ordnance Survey map roughly represents 0.6 metres on the ground. This clearly shows a potential for a significant margin of error as to the accuracy of boundary plans.
Section 60 of the Land Registration Act 2002 (‘LRA 2002’) states the following:
- The boundary of a registered estate as shown for the purposes of the register is a general boundary, unless shown as determined under this section.
- A general boundary does not determine the exact line of the boundary.
This means that the red line does not actually show the precise legal boundary to your property, contrary to popular belief, and is merely a general indication.
Case law provides further confirmation of the “general boundary” rule, with the case of Drake v Fripp emphasising that Title Plans only show a general boundary and cannot show the exact boundary between two properties, unless it has been legally determined.
As a result, simply obtaining a copy of your Title plan from the Land Registry website and looking at the red line will not provide a definitive answer to the extent of your boundary.
‘T’ marks
‘T’ marks are usually used by solicitors or conveyancers to indicate who is responsible maintaining a boundary feature (such as a hedge, fence or wall). You will find these on your conveyance plan or Title.
However, they do not automatically indicate ownership of the feature and so it is important to be aware that Title Plans and deeds do not offer full clarification as to ownership.
The lack of clarity from Title Plans can give rise to a variety of disputes, some of which are detailed below.
Common forms of dispute
Boundary disputes can take a variety of forms and matters often overlap. However, the most common boundary disputes are as follows:
- Disagreements regarding the position of a boundary between neighbouring properties, such as an incorrectly erected fence
- Disputes regarding a shared structure, such as a fence or a party wall, and who has rights and responsibilities over said structure
- Encroachment of a structure from one property to another, such as guttering or pipes
- Trespass, where one party alleges that their land is being occupied by another
- Right of way disputes, in which parties disagree on the existence, or extent, or a right of way over a property.
How matters can be resolved
Boundary disputes can become very expensive if they proceed to litigation and so this should be considered a last resort option, unless no prior agreement can be reached. It is therefore important to ensure that methods of Alternative Dispute Resolution (ADR) are considered at an early stage to enable disputes to be readily resolved, keeping costs to a minimum.
A common form ofADR is mediation, which involves parties instructing an independent third-party who assists both sides to set out and discuss issues and reach a formal agreement without the need to go to court and incurring further fees for litigation.
Another option for ADR is negotiating with the other side, either by way of a formal meeting or through correspondence with the other side. This allows parties and their solicitors to discuss possible solutions and exchange relevant information, such as original Title deeds and conveyances. Exchanging information also allows parties to identify the nature of the dispute and narrow issues in dispute.
If mediation/negotiation is successful and an agreement is reached, the formalised boundary agreement can be submitted to the Land Registry which will update your Title and provide definitive confirmation of your boundary.
Solicitors with expertise in this area will have significant experience resolving this kinds of disputes through various means including negotiation can assist in drafting boundary agreements which can help parties reach formal settlements in a timely manner.
Other options for resolution include applying to the Land Registry directly to determine your legal boundary or correct the boundary lines. This will usually require a detailed plan, supporting evidence and consent from your neighbour, and may require formal litigation.
If formal litigation is required, it is important to be aware of the issues in dispute and have as much evidence as possible to support your case. As a result, it is recommended to obtain the relevant information such as historical conveyances, expert boundary reports, and witness statements as soon as possible.
It should also be noted that ADR is actively promoted by the courts as a preferred mechanism to resolution, and a failure to engage can result in the court imposing cost sanctions. It is therefore important to be prepared to use methods of ADR, unless there are justifiable reasons not to.
How Girlings can assist
Our Dispute Resolution team is experienced in dealing with boundary disputes and can assist in a number of ways including:
- Analysing conveyance documents, reviewing Title deeds, and obtaining extrinsic evidence to discover the true boundary to the property.
- Advising you regarding your boundary rights and options to help you consider the best way forwards, including advising you on the pros and cons of formal litigation if necessary.
- Assisting in negotiations with the other side to agree a formal settlement such as a boundary agreement or a deed of easement.
- Contacting the Land Registry to update their records of your boundary.
Seeking advice early in the dispute can ensure a quick and effective resolution to boundary disputes and can avoid potentially high costs.
If you require legal advice regarding a boundary dispute, please contact one of our dispute resolution experts who will be happy to assist.
