Boundary Disputes Q&A

With the cold days of winter almost behind us, we start to prepare for the seasons of spring and summer. 

Whether you are preparing to move home or simply readying yourself for nature’s annual growth spurt, this time of year can cause many headaches when it comes to your boundaries.

Luke Pritchard of our Chester office has produced a Q&A to answer some of the questions you might have.

  

Where is the boundary?

Identifying your boundary can be a complex task.  As a starting point, you should consult your title documents.  If your land is registered at the Land Registry, your title documents (including a plan) can be obtained from the Land Registry online service for a small fee. 

The plan will give a general indication of the boundary, but cannot be relied upon absolutely.  In many circumstances, where the plan is taken out to the scale of the land, the line on the plan could be two to three metres wide.  In this instance, the boundary could lie anywhere within that two to three metre area.

You should consider any features of the land which clearly delineate the intended boundary i.e. a fence/hedge.  In the absence of such features, identifying the boundary may come down to the manner in which the land has been used previously.

Who is responsible for maintaining the boundary?

There are many urban myths in relation to the maintenance of a boundary.

There is no hard and fast rule for determining the party responsible for maintenance and each property must be considered as an individual case.

If there is an obligation on you to maintain a particular boundary, this should be set out within the deeds. 

What do I do if I suspect my neighbour of trespassing on my land?

Having identified the location of the boundary, you may find that a neighbour is trespassing upon your land.  This may be by parking a vehicle, using your land to access theirs (without a right of access) or by allowing trees or hedgerow to protrude onto your land.

It goes without saying that your first course of action will generally be to raise the matter with your neighbour directly, in a friendly manner.  In some circumstances, this may not be possible.  Your neighbour may not be contactable.  You may find that relations with your neighbour have become strained and this can escalate quickly in matters regarding boundaries and trespass. 

You do have the right to trim hedges and trees overhanging your land, although there is no obligation for you to do so.  You must offer the branches back to your neighbour, so it is always a good idea to inform your neighbour of your intentions if at all possible.

It will often be beneficial to obtain a fresh viewpoint.  Although the majority of disputes will never come close to a courtroom, a legal expert with experience in boundary related issues will be able to provide you with clear advice on how best to proceed with your matter.  They will also assist with setting out your position to your neighbour in a direct tone whilst enabling you to retain an amicable relationship with them.  After all, when the dust settles, you’ll still have to live next to them!

If the problem persists, your legal expert will be able to advise on the benefits of mediation, or as a last resort, using the Courts and Tribunals service to bring the matter to a close.

For further information please feel free to contact our expert advisers in Wrexham 01978 291000, Chester 01244 312166 or Llanrwst 01492 641222. 

www.allingtonhughes.co.uk - www.jrl-law.co.uk

Our Llanrwst office trading as 'Cyfraith JRL Law' are NFU legal panel members for North and Mid Wales.

Luke Pritchard, part of the Disputes team at our Chester office.