Boundary wall and fence disputes are, unfortunately, a common cause of disagreement between neighbours. Tackling issues early on can prevent a situation from degenerating, which could be both expensive and stressful.
It is often relatively simple to resolve a property dispute. An experienced boundary disputes solicitor will be able to clarify the legal position and negotiate on your behalf to find a solution.
What Causes Boundary Disputes?
Boundary disputes are frequently over something fairly minor, such as a small encroachment onto the neighbouring property or a disagreement over work on a wall or fence.
If those involved hold different opinions, matters can escalate and positions become entrenched very quickly. This type of disagreement can be particularly difficult and stressful when it involves your home, and the person you are in dispute with is living next to you.
Emotions often run high when dealing with something this personal, and making an effort to resolve matters quickly is always recommended to prevent a lengthy legal case.
A common issue that contributes to boundary disputes is when the parties are not clear on the following points:
- Where the boundary lies
- Who owns a boundary wall or fence
- Whether there is a right to erect or work on a boundary wall or fence
- What should be done if either neighbour wants work done on a boundary wall or fence
- What happens if a boundary wall or fence falls into disrepair
Examples of Boundary Wall and Fence Disputes
Ways in which boundary wall and fence disputes arise include:
- Parties do not agree on the ownership of a boundary wall or fence
- A wall or fence is in disrepair, and the parties cannot agree on who should deal with repairs
- Neighbours dispute where a wall or fence should be
- One party claims that a wall or fence has encroached on their land
- Work is carried out on a wall or fence without consulting the neighbour
- A wall or fence obstructs a neighbour’s right of way or parking rights
- One party moves a wall or fence without consent
Working on a Boundary Wall or Fence: What to Do
If you want to carry out work on a boundary wall or fence, you should speak to your neighbour first. This will give them the chance to raise any issues and ask questions.
You should also try to ascertain who owns the boundary structure. This is not always obvious, even if you have a copy of the title deeds. If you need assistance in establishing the legal position, a property solicitor will be able to look at the available documents and explain the situation to you.
Dealing with a Boundary Structure Owned by Your Neighbour
If your neighbour owns the wall or fence, you should not carry out work on it unless you can come to an agreement with them. It is their responsibility to deal with it, and they are likely to object if you do not have their permission.
Unfortunately, you cannot force them to repair or replace a wall or fence. If this becomes an issue, a potential solution is to erect your own wall or fence on your side of the boundary and on your land.
Dealing with a Boundary Structure You Own
Even if you own the wall or fence, you should speak to your neighbour before starting any work. This can go a long way to maintaining a good relationship and preventing misunderstandings.
If you or your workmen will need to be on your neighbour’s property to repair or replace the boundary structure, you must also discuss this with them.
Dealing with Boundary Dispute
The best way of resolving a boundary dispute is by trying to reach an amicable agreement with your neighbour. Try to talk things through calmly, and listen to any worries that they may have.
If you are not able to find a solution, speaking to a solicitor promptly can prevent the situation from degenerating. They will be able to look at the legal situation and put your case clearly and in writing to your neighbour.
It is often the case that intervention by a legal professional can focus people’s minds on finding a solution.
Where it is not possible to move forward, the next step is often to consider mediation. A neutral mediator will work with you both in exploring the options for resolution. They will not impose a binding decision, so you can use mediation without any risk of an unwanted outcome.
It may be helpful to have the area surveyed by a professional surveyor, who will prepare a report. This can be used in tackling the dispute, along with your title deeds, other related documents and statements on how the boundary has been created and maintained over the years.
Legal action is generally only used as a last resort. It is often possible to avoid this, particularly with early intervention.
Establishing the Boundary
Your title deeds may contain information about the boundary, including its location and who is responsible for maintenance. However, a line on a plan is frequently not especially helpful because of issues of scale.
Your solicitor will be able to check your legal title to see whether any boundary rights are specified. Where necessary, a surveyor will be able to look at the situation on the ground and compare it with the information in the title deeds.
Talking to Your Neighbour about a Boundary Dispute
The first step should always be aiming to talk matters through with your neighbour and see whether you can come to an agreement.
You can put your points in writing to them if you are not immediately able to find a way forward. You should always aim to be calm and courteous, however strongly you feel, as neighbour disputes can be particularly difficult to resolve once those involved become fixed in their beliefs.
Seeking Legal Advice
Where you believe you cannot work with your neighbour to find a way forward, seeking legal advice is the next step. This does not automatically lead to a court case; in fact, solicitors are usually able to resolve matters without litigation. But it will give you clarity over your legal position and ensure that you have a full picture of your options and the potential outcomes.
Mediation for Boundary Disputes
Your solicitor will usually try to negotiate a way forward, but if this proves impossible, they will be able to prepare you for mediation, collating relevant information including the legal title, plans, photographs, statements and a surveyor’s report.
A mediator will look at the information and help you and your neighbour consider the various ways in which matters could be resolved.
Speak to Our Boundary Wall and Fence Dispute Solicitors
Our experienced property disputes solicitors provide a comprehensive service for all types of boundary wall and fence disputes, as well as other property disputes. We always aim to resolve matters promptly and without the need for litigation wherever possible.
For more information on our services, see our residential property disputes solicitors page.
To speak to one of our experienced property disputes solicitors, ring us on 0330 173 3980, email us at info@witansolicitors.co.uk or fill in our contact form, and we will talk through your situation with you and discuss how we can assist.
FAQ
Do I have the right to remove my neighbour’s fence?
You don’t have any right to remove, alter or otherwise work on a wall or fence belonging to your neighbour. They might be prepared to agree to work being carried out, but unless they do, you should avoid taking any action, as you could be liable for the damage caused and be accused of trespass or criminal damage.
If you believe that the fence is on your property, you should still refrain from removing it, as this will escalate matters dramatically. Instead, you should speak to a solicitor and establish that the fence is legally on your land before taking legal steps to have it removed or re-sited on their land.
Does my neighbour have the right to do work on my boundary wall or fence?
Your neighbour does not have the right to work on your boundary wall or fence. If they do carry out work, you should speak to them about this to try to resolve matters cordially. If this fails, you should take legal advice.
Who is responsible for a wall or fence between properties?
It is often unclear who is responsible for a boundary wall or fence. Title deeds may state who owns a particular boundary, but even if this is the case, disputes can arise over the exact location of a boundary structure. Legal plans are rarely accurate enough to see exactly where a wall or fence should be situated.
Is there a time limit for boundary wall and fence disputes?
While there is generally no time limit for legal action in a boundary wall or fence dispute, certain rights can arise if land is occupied by someone other than the owner for a specific period of time, often ten or twelve years.
If you are involved in a boundary dispute, it is advisable to try to resolve it promptly.
If you decide to sell your property, you will be bound to tell the buyer about any dispute. It is better to be able to tell them that this has been resolved, as they might decide not to proceed with a purchase where there is an ongoing dispute or where you allege that the boundary wall or fence is in the wrong position.
What are the UK fence laws?
Regulations relating to boundary walls and fences are not straightforward. The property’s title deeds may give some information about your specific property, and the local authority will have rules relating to the size and location of boundary structures.
Generally speaking, a fence should not exceed 2 metres to the rear of a property or 1 metre to the front of the property or if it adjoins a road. You can check with your local authority for their particular specifications. If you wish to exceed their limits, you will need their consent.
You may also be required to notify your neighbour if you intend to put up a new wall near your boundary. If you intend to work on a structural wall shared by yourself and your neighbour, you must serve a notice on them under the Party Wall Act 1996, setting out what you intend to do.
What is the 7-year rule for boundaries?
The ‘seven-year boundary rule’ is often quoted by those who want to claim a boundary or piece of land because they have used it for seven years. In fact, this is neither a rule nor the law, but a myth.
However, if land is adversely occupied for either ten or twelve years, depending on the land in question, the occupier may be able to make a claim. There are strict rules about the way in which the land must have been occupied, including the need to show that:
- The land has been occupied without the owner’s consent
- The person claiming the land has possessed and controlled the whole of the land they are claiming, and has dealt with it as though they are the legal owner
- Others have been excluded from the land, for example, it has been fenced off
- The possession has been continuous for the period of time in question, which is:
- Ten years for registered land where the period of occupation ended after 13 October 2003; or
- Twelve years for unregistered land or registered land where the period of occupation ended before 13 October 2003
This means that if you believe that your neighbour is occupying your land, you should take prompt action to deal with this before they reach the point of being able to claim adverse possession of it.
