A boundary dispute occurs when neighbouring property owners disagree about the location, ownership or use of the boundary between their properties. The disagreement may concern a fence, wall, hedge, building, strip of land or another feature separating the properties.

The position of a boundary may need to be established by considering several sources of evidence. This can include title documents, conveyances, plans, historical documents, physical features on the ground and evidence concerning how the land has been used. A title plan can be important evidence, but it may not always show the exact position of a boundary to the level of precision required to resolve a dispute.

Not necessarily. A fence, wall or hedge can provide evidence of a boundary, but its position does not automatically establish the legal boundary. The legal position may need to be assessed using the available title documents, historical evidence, physical features and other relevant circumstances.

If you believe your neighbour has moved a fence or other boundary feature onto your land, you should avoid taking matters into your own hands. We can review the available evidence and advise you about your legal position and the appropriate steps that may be available.

If a structure or extension appears to have been built across your boundary, it may raise issues concerning encroachment, trespass and property rights. The legal position will depend on the circumstances, including where the boundary is legally located and what rights or permissions may exist.

Yes. Many boundary disputes can potentially be resolved through negotiation, correspondence, mediation or another form of alternative dispute resolution. Where an agreement is reached, it may be important to document the agreed position properly to reduce the risk of future disagreement.

A professional boundary survey can be useful where the physical position of the boundary is disputed. A surveyor may be able to provide specialist evidence about the physical features and measurements of the land. However, a survey does not necessarily determine the legal boundary on its own. We can advise you about whether specialist surveying evidence may be appropriate for your case.

Potentially relevant evidence can include:

• Title documents
• Historic conveyances and transfers
• Property plans
• Historical maps
• Photographs
• Planning documents
• Surveyor reports
• Correspondence between neighbours
• Statements from previous owners or other witnesses
• Evidence concerning the historical use of the land

The relevance and weight of each piece of evidence will depend on the circumstances of the dispute.

You should not assume that you can remove or alter a boundary feature simply because you believe it is located on your land. Removing a fence or other structure without properly establishing your legal rights could escalate the dispute or create further legal issues. It is generally sensible to obtain legal advice before taking action.

Adverse possession is a legal concept concerning possession of land without the owner’s permission. In certain circumstances, long-term possession or use of disputed land can raise issues concerning ownership or registration. The legal requirements are complex and depend on factors including the type of land and the circumstances in which it has been occupied. If you believe adverse possession may be relevant to your boundary dispute, specialist legal advice should be obtained.

If your neighbour will not engage with you, we can advise you about the appropriate next steps. This may involve formal legal correspondence, obtaining specialist evidence, mediation or, where necessary, commencing court proceedings. The appropriate approach will depend on the evidence and circumstances of the dispute.

Yes. If court proceedings have already started, we can review the available documents and advise you on the position of your case, subject to the circumstances and stage of the proceedings. We can provide appropriate legal support and representation where available.