Property boundaries can often be a source of confusion and contention, leading to disputes between neighbours that range from minor disagreements to complex legal battles.
Understanding the fundamentals of property boundaries and how to handle disputes is crucial for any property owner. I spoke with Chris Lee at BDB Pitmans to gain more information about the basics of property boundaries, common causes of boundary disputes, and the possible costs.
Whether you’re a homeowner, a prospective buyer, or simply curious about property law, this introduction will provide you with valuable insights to help you navigate the often-murky waters of boundary disputes.
What are the common causes of property boundary disputes?
Boundary disputes can occur for all sorts of reasons, but a common factor in these disputes is often the lack of clear and precise plans, which give a general indication of the boundaries of the parties’ properties but are not definitive. Surprisingly, although the Land Registry issues an “official copy” title plan for registered land, these only show the “general boundaries” under section 60(1) of the Land Registration Act 2002 for the vast majority of properties, and unlike Ordnance Survey plans, there is no standard tolerance, measurement or ratio that can be attributed to the relationship between the position of the general boundary mapped on a Land Registry title plan and the position of the legal boundary.
Where neighbours have established a good working relationship with each other, this is not necessarily a problem, but disputes can arise where one neighbour sells their property to a third party, and/or if circumstances change for some reason. For example, boundary disputes can often arise in the context of construction and redevelopment works, such as over the extent of the land that neighbours are entitled to build on, or other issues such as rights of access for contractors.
What are my legal rights regarding property boundaries?
There are several common myths and misconceptions about property boundaries which unfortunately have no basis in law, such as “you own the left-hand fence when facing your house” or “a T-mark on a plan shows that you own the fence.” And as mentioned above, Land Registry title plans only show general boundaries for most properties, so do not automatically determine the location of a legal boundary.
A number of legal presumptions do exist in boundary disputes, including the following:
- “land next to a highway is presumed to extend to the middle of the road (albeit ownership of the surface of any public highways vests in the Highway Authority)”
- “if fence panels face away from you, the fence is yours” (Hawkes v Howe [2002] EWCA Civ 1136)
- “where two properties are separated by a hedge and a man-made ditch, the boundary is along the edge of the ditch furthest away from the hedge or bank” (Parmar v Upton [2015] EWCA Civ 795)
That said, these presumptions do not provide a definitive answer to the location of a legal boundary and are all rebuttable where evidence of a contrary intention exists.
The reality, therefore, is that the determination of a property boundary can be a complicated process, starting with ascertaining the historic boundary line of the property at the date that the land was first divided, by interpreting any property documents and plans that are available, which can shed light on the parties’ intentions at the time. Where the boundary line is not clear, a court will typically consider what a reasonable person standing in the parties’ position at the time would have understood the boundary to mean, based on the information available.
What is the legal definition of a property boundary in the England and Wales?
There is no single definition of a property boundary under the law in England and Wales.
The word “boundary” has two meanings, depending on the context:
- The “legal boundary”, which is an invisible line dividing two pieces of land and can only be determined by agreement of the landowners, by the court, or the First Tier Tribunal.
- The “physical boundary”, which is demarcated by a physical structure or feature of the landscape, such as a wall, hedgerow, fence, line of trees or even a river.
Often, the legal boundary will follow the physical boundary, but there can be ambiguity as to where exactly on the physical boundary it is that the legal boundary falls – e.g. whether it runs along my side or my neighbour’s side of the hedgerow, or down the middle – which can lead to disputes.
What types of evidence are most important in a boundary dispute? How important is a surveyor’s report in a boundary dispute?
When looking to ascertain legal and physical property boundaries, or dealing with a boundary dispute, a useful starting point is to gather evidence such as Land Registry plans and any other historic property deeds and plans, and your conveyancing solicitor may be able to assist by providing a copy of your file from when you acquired your property. To the extent that these documents and plans are unclear, it would be helpful to look for historic aerial photos – either online or in local authority archives – to see if they hold any relevant photos from when your property was first built or the land around it was subdivided.
A further source of information could be other neighbours who have first-hand knowledge of where the physical property boundary has been historically and could provide a statement in support.
While a boundary surveyor’s report is instructive – and will likely be required if the dispute goes to a court or Tribunal – it is important to bear in mind that it will ultimately be a secondary piece of evidence which is based on the surveyor’s expert opinion of the sort of primary evidence described above that is available to the parties. That said, the value of a boundary surveyor is in applying his or her experience in these matters, as well as established principles of boundary surveys, to interpret the information at hand and to assist you in demonstrating where the true boundary should be in negotiations with your neighbour, and/or legal proceedings.
What are the potential costs involved in resolving a boundary dispute?
Each boundary dispute is different and the potential costs of resolving a boundary dispute can vary hugely, depending on the degree to which one or both parties are willing to negotiate and compromise. There are frequent reports in the media of boundary disputes ending up with nominal damages being awarded by the court in favour of the “winning” party, but one or both sides facing disproportionate bills for their legal costs, and potentially some of the legal costs of the other side.
For instance, two recent examples of boundary disputes that went all the way to a full trial at court concerned:
- an unsuccessful claim for encroachment by 17 inches through the positioning of fences, which saw the parties’ combined legal costs spiral to around £200,000; and
- a dispute over trespass through the use of infill material on the wrong side of a boundary as part of a roof extension – although the claimant “won”, due to the minor nature of the trespass, she was only awarded £200 in damages and was left to shoulder her own legal costs of £130,000.
We will be speaking with Chris again in the future about other areas of boundary disputes but for the meantime if you require any additional information then please contact Chris Lee at BDB Pitmans.
