We touched on boundaries in our recent article about planning permission for greenhouses and garden sheds. In that post, we highlighted that:
The building must be a reasonable distance from boundaries to avoid disputes. While no specific distance is mandated under Permitted Development, structures must not significantly overshadow or impact your neighbours.
If there’s one thing we like to try and do with the Lazy Magazine, it’s try and give our readers practical garden-related advice. Whether that’s garden furniture maintenance or patio design ideas, we look for ways to use our experience to help:
Tackling a fence or boundary dispute with a neighbour is one where we wish we didn’t have first-hand experience, but we do, we’ve done a lot of research, and we’ve learnt a lot the hard way. So if we can help someone in the same position cut out the headaches, then we will.
In our experience, if a boundary dispute arises, it requires a thoughtful and measured approach to prevent the issue from escalating. We’ve compiled a step-by-step guide to help you resolve such disputes - be it storm damage to a fence or boundary position - and we’ll highlight where we went to seek professional advice to save you much Googling.
1. Define Issue
The starting point for us was to define the boundary dispute early and in writing clarify exactly what the dispute is about. This is as much to get it straight in your own mind and it makes it easier when communicating.
A fence or boundary dispute can range from requiring simple confirmation of who owns the fence or wall (and is therefore responsible for repairs and maintenance) to a more complex lost-in-time dispute over the exact position of the boundary and thus size of the outdoor space itself.
2. Check Deeds
Land Registry documents or the property deeds for your home will often contain information about boundaries and who is responsible for maintaining them, etc. It is important to look for the “T-mark" on your deeds as this is what points to the side responsible for the fence. If unclear, shared responsibility is usually implied.
3. Start Communicating
Once you have the above clear, reach out and speak to your neighbour. As the old saying goes, politeness is the flower of humanity, so politely explain your understanding of the situation and ask for their perspective.
If we have one piece of advice here, it is to be open to compromise. Avoid being confrontational, as this can escalate tension. Always look to find a mutually acceptable solution rather than simply trying to prove who is right or wrong.
4. Gather Evidence
Request a copy of your property title plan from the Land Registry Office. This is the official document that will clearly outline your property's boundaries. Often marked with red lines, they can be solid, dashed, or broken depending on the certainty of the boundary line.
To help your case, take photographs of the disputed area and compare them with historical maps or surveys. If needed, check any agreements, receipts for fence installation, or communication records.
We must also stress, as we found out, that titles and plans are not always definitive for boundary lines, as they often use "general" outlines.
5. Propose Solution
If it is unclear who is responsible for the fence and it needs repairing or replacing, then we would recommend that you offer to share the costs equally or proportionally based on who uses or benefits from it the most.
Consider various solutions that could address the concerns of both parties. For example, if the dispute is regarding the fence's position, could you propose moving it slightly to a mutually agreeable position? If the issue is about height or material, then propose changes that will satisfy both parties.
If the disagreement persists and direct communication fails, then we would suggest mediation or a joint property survey. A neutral third-party mediator can help to facilitate discussions and help find a compromise.
6. Use Mediator
If discussions do stall, then a mediator can help both parties find an amicable resolution. Mediation is faster, less expensive, and less stressful than going down the legal action route. Many local councils in the UK will offer free or low-cost mediation services for land disputes.
To find an accredited mediator, visit the Civil Mediation Council (CMC). The CMC is a UK-based charity that aims to promote the resolution of conflicts and disputes by encouraging the use of mediation and other dispute-resolution techniques.
7. Professional Advice
If mediation doesn’t work or is declined by your neighbour then the next step would be to contact a professional surveyor, who can provide you with an accurate assessment of the boundary. In this instance, you can use the Royal Institution of Chartered Surveyors (RICS) to find a qualified local surveyor.
Alternatively, you could consult with a local solicitor who specialises in property law for advice on your rights and next steps. They can also organise a survey (if needed) and you will find experienced property litigation solicitors in your area by visiting the Law Society and searching their Find A Solicitor database.
8. Last Resort
After all of the above avenues are explored, and if you still don’t have a resolution, then your only remaining option is to seek legal action. Fortunately, we were able to resolve/clarify our dispute without going this far but we were advised that if we did we would need to apply to the UK Land Registry for boundary determination.
You can do this by submitting an application form to determine the Exact Line of a Boundary: Registration (DB). It will involve a surveyor’s report and potentially a court hearing. Unfortunately, taking the case to court will be stressful, is often very expensive, and should only ever be your last resort. Courts will need to see evidence that you’ve tried to resolve the issue amicably first too.
9. Avoid Escalation
You must not remove or alter the garden fence or any garden fence panels, etc without full agreement. This could be considered trespass or criminal damage. Avoid confrontations, as they can worsen the relationship and lead to more complex disputes and heading down that costly last resort route.
Where to go for advice and alternative dispute resolution
If you need any additional support and advice, then the following websites are what we have used to help us:
1. Land Registry
To obtain your title deeds and seek advice on boundary disputes.
2. Citizen’s Advice Bureau
For free advice on property disputes and mediation services.
3. Royal Institution of Chartered Surveyors
For locating professional surveyors and boundary dispute specialists in your local area.
4. The Law Society
To find a local solicitor who is experienced in property law.
5. Civil Mediation Council
To find mediation services contact the CMC. Alternatively, you can contact your local council to see if they offer this service too.
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