Neighbour has built a fence over my land
Some may recognise this photograph from TikTok. The case involved a neighbour dispute. One neighbour erected a fence on land belonging to the other. The matter was resolved by the one neighbour simply taking down the fence. The video has been watched millions of times on TikTok. Disputes over boundaries are complicated. They can lead to arguments, even violence, they can be expensive to resolve and can be very stressful. Disputes can also devalue a property and can put off potential future buyers when the dispute is referred to in the property information form that is completed upon the sale of the property. The most cost-effective way of dealing with a similar situation is formally establish who owns the boundary. It may sound obvious, but it is surprising how many people get the boundary line wrong; they argue with a neighbour without having correctly determined their position. You can find who is responsible for a boundary and where the boundary line is, from the title register or the title deeds. If you are unable to establish the line, then you should ask a solicitor to do this for you. The plans registered at the Land Registry cannot be 100% relied upon, the Land Registry will not be responsible for defining boundaries. You must look at the plan along with physical boundaries like ditches, rivers and hedges. You are not automatically responsible for the left-hand fence; this is a myth. You can ask for your boundary to be determined at the land registry if you are unsure where your boundary is. If the neighbours can agree, then one can ask for the boundary to be corrected at the land registry. This should be dealt with via a Solicitor. If there is an issue with the height of the fence, it is usual for the back fence to be move than 2 metres and the front no more than 1 metre. Once the boundary has been established, a letter to the neighbour will often be sufficient to resolve the dispute. If a dispute cannot be resolved then a neighbour must consider a letter before action, mediation and last resort, applying for an injunction. If you have an issue involving a boundary, then we would love to hear from you #newboldsolicitors #boundarydisputes The blog should not be relied upon for legal advice, you should always instruct a qualified and experienced property litigator. 