Boundary Dispute Solicitors

Falling out with a neighbour over a fence, wall or hedge is unsettling in a way that's out of proportion to the small part of land usually involved.  It can also feel more draining when the dispute is at your home.

At Ringrose Law, our Dispute Resolution team helps people across Lincolnshire and Nottinghamshire work through boundary disagreements so that you can be fully informed about your legal position and we will also try to resolve matters so that court proceedings may not be necessary.

Sadly, disputes with neighbours that you have been unable to resolve may cause some disruption to daily life, but we hope that will be made better once you have started to seek assistance.

What is a Boundary Dispute?

A boundary dispute happens when two neighbouring property owners disagree about:

1. Where their boundary actually sits, or
2. Who's responsible for a fence, wall or hedge that marks it.

It's worth knowing early on that the line recorded on a title plan held by HM Land Registry doesn't always match the physical boundary on the ground precisely. More usually it will only show the general position of the boundary unless it has been formally determined.  Sometimes, features such as a fence line may have also shifted over the years and that mismatch is often where disputes begin.

Common Types of Boundary Dispute

Boundary disputes tend to fall into a handful of clear categories:

• Fence, wall or hedge disagreements - arguments over who owns or maintains a particular boundary feature.
• Positioning of the boundary line – argument over where the boundary line should be, based on plans or what a party thought they had been buying.
• Encroachment - where a structure, extension or planting has been built or planted over the line onto neighbouring land.
• Disputed title plans - where Land Registry documents are unclear or don't reflect what's physically there.
• Rights of way - where an access route crosses, or appears to cross, a disputed boundary.
• High hedges — where an overgrown hedge is blocking light or access.
• Overhanging trees and roots — a common flashpoint that sits close to, but isn't quite the same as, a boundary dispute.

Knowing which category your dispute falls into is often the first step towards understanding what you can do about it.

Who is Responsible for a Boundary Fence, Wall or Hedge?

There's no rule that says the fence on your left is always yours.

Responsibility depends on what's recorded in the title deeds, or historic conveyancing documents, for both properties.

Title plans sometimes show a "T mark" on the boundary line, which usually points to whoever  is responsible for maintaining that particular section, but this alone isn't proof of that being the case. Maintenance obligations can be a clue as to who owns the boundary feature, but not always.

Where it isn't clear from the deeds or transfers who should maintain a boundary, responsibility can come down to who built the fence, long-standing local custom, or an agreement between previous owners.

If you're not sure, the answer is almost always somewhere in the paperwork, which is where we start.

How We Help You Resolve a Boundary Dispute

A boundary dispute can feel like it's taking over your life, so you want to resolve the situation quickly. We appreciate that no-one wants to be drawn into a long legal battle. We can't always control how a dispute will go from the outset, but we try to have the best understanding of your situation so we can provide advice and support through any twists and turns a case may take.

Our approach is built around three clear steps:

Step 1: We assess your situation - You'll speak with a member of our Dispute Resolution team, who will listen to what's happened and consider how we can help. We'll give you a an initial cost estimate for our advice.

Step 2: We review the detail with you - We'll examine title plans, historic conveyances transfers and other documents, and any correspondence or photographs and electronic imagery. Then we'll explain what the evidence shows and what your options are.

Step 3: We guide you towards resolution - Wherever possible, we'll aim to try and resolve matters through correspondence and negotiation or mediation. This is usually better  than going to court and what we try in most cases. Where it isn't possible to resolve the dispute in this way, we'll advise you on formal boundary determination or court proceedings and support you through every stage.

We’ll keep you updated throughout so you'll know what's happening.

What Evidence Helps Resolve a Boundary Dispute?

Before you speak to us, it's worth gathering together anything you already have, including:

• Title deeds and title plans for your property
• Historic conveyancing documents, especially any from when the property was first divided from neighbouring land
• Your conveyancing file from when you bought the property
• Photographs showing the boundary over time, dated where possible
• Planning permission documents or building plans, if relevant
• Any correspondence with your neighbour about the boundary

If the position still isn't clear from paperwork alone, a chartered surveyor's report can help establish where the boundary sits on the ground. This is something we can help you with if it is needed.

What Happens if a Boundary Dispute Isn't Resolved?

Left alone, boundary disagreements rarely get simpler with time.

Evidence can become harder to track down, positions can become more entrenched, and what started as a minor disagreement over a few inches of garden can end up costing far more, both in money, time and peace of mind, than it needed to.

Resolving matters early, even if that just means getting clear legal advice on where you stand, will lead to more certainty over your boundary, and potentially a workable agreement with your neighbour, and the ability to put the matter behind you.

Why Choose Ringrose Law for Your Boundary Dispute

Boundary disputes often mean looking at more than the historic records. You also need to know how the law reads the wording in the old conveyances and transfers, when outside evidence can be used, and which legal presumptions might apply. This can mean that a boundary position is much more complex than it may seem just from considering the lines on the plan. We are used to looking at the wider picture and considering the different possibilities so you're aware of your position as well as any complications that could arise .

That's how our Dispute Resolution team works: providing answers and having a genuine desire  for trying to sort things out through negotiation or mediation before considering court.