Boundary disagreements
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Boundary disputes can arise if you are not sure where the borders of your house or garden are, or if you're in dispute about the boundary line with your neighbour.
What are boundaries?
Boundaries separate your home (and garden, if you have one) from your neighbour's. Boundaries aren't always clear and can take many different forms. For example, you may have a fence or a hedge separating your property from your neighbour's or there may be a path between you.
You might be unsure where your boundaries are or think that your boundary is in one place whereas your neighbour thinks it's somewhere else. You might even have equal rights with your neighbour over some areas without realising it. Just because you think you have a right to something, it doesn't mean that you actually do.
Physical and legal boundaries can be defined in different ways, which can cause further confusion.
Things to talk about
If you have been arguing with your neighbour about the boundaries to your properties, try to follow these simple tips to avoid making matters worse:
- Stay calm! Getting angry won't help.
- Be reasonable. Listen to what your neighbour says and try to understand their point of view.
- Compromise. You have to live next door to each other so it's best to try and find a solution that suits both of you.
- Don't do anything too hasty. It's easy to get angry when something is annoying you every day and it's on your doorstep. But doing things to get back at your neighbour will only make matters worse and they'll be less likely to listen to you in future if you've upset them.
How can I find out where the boundaries are?
If you are a homeowner
If you own your own home, you should check your title deeds first of all because they should tell you where the general boundaries of your property are. For example, they will tell you if you own any land (eg garden) and they will usually give you measurements of the area you own.
It is likely that the Land Registry will hold a copy of the plans and this should show the boundaries to your property fairly clearly. If there are any joint or shared boundaries, these may also be shown on the plan and described clearly in the accompanying certificate.
If you have copies of your deeds but are still unsure where your boundaries are, take them to a solicitor who will be able help you establish the boundaries. Remember that solicitors charge for their services, so ask for an estimate of costs before they do any work on your behalf.
If you're a tenant
If you are a tenant and you have a written tenancy agreement, it may state where the boundaries of the property are and give details of any other building you are allowed to use, such as a garage or shed. For example, it may be described as a 'ground floor flat with garden to the rear'.
If your tenancy agreement has a plan attached to it, the boundaries should be marked on it.
If you don't have a written tenancy agreement, or if it doesn't give details of the boundaries of your tenancy, ask your landlord. If this doesn't help, or if you are still unsure, get further advice.
Boundaries of flats
You should make sure you know what the boundaries are and what you are responsible for before you buy or agree to rent a flat.
You may share walls, the roof and probably some of your garden, with your neighbours. In addition, you might have separate rights to use some of the garden ground, storage cupboards, the cellar or the attic. You might have exclusive use of these areas or they may be shared.
Your boundaries should be stated in your lease or tenancy agreement, although it can be quite difficult to work out what the legal documents mean where flats are involved. If you are in any doubt, ask your freeholder or landlord, or contact a local adviser or solicitor.
Physical vs legal boundaries
The physical and legal boundaries of your home are sometimes different from each other and this can cause confusion.
A physical boundary is what's on the ground and what you can see. A physical boundary could be a fence, hedge or maybe a road or pathway.
A legal boundary is what is described in your title deeds or tenancy agreement. A legal boundary could be marked, or described, on the legal documents for your house. Legal boundaries are usually based on measurements taken from the Ordnance Survey map. Legal boundaries tell you how much land you own or what your tenancy covers (this is called the 'extent' of your property). Unfortunately, legal boundaries don't always match physical boundaries, which can cause a lot of confusion and disagreements. It often isn't clear whether the legal boundary of your property is in the middle, or at either side of, the physical boundary.
Physical and legal boundaries can be different for several reasons:
- If you, your neighbour, or your landlord builds an extension onto your existing house which goes over the existing boundary and onto the other person's land.
- If you, your neighbour, or your landlord, sell or rent, a piece of land attached to the home to someone else (provided the person selling/renting is legally entitled to do this).
- If you, your neighbour, or your landlord build a fence, or grow a hedge beside, or on top of, the legal boundary.
It's important to realise that boundaries (especially physical ones) can change and they may not be the same now as they were when you moved in.
Hedges, fences and trees
Lots of people end up arguing with their neighbours over hedges and trees. This can happen when people plant trees or build fences near, on or over the boundaries they had before.
You may want to grow a hedge, or erect a fence, to have more privacy in your garden but remember that your neighbour might not be so keen. Before you do so, consider the following things:
- How high will it be? Will it block your neighbour's light or view?
- Does it blend in with existing boundaries in your garden, and your neighbours'?
- What kind of hedge or tree is it? How high, and how wide, will it grow?
- Who will be responsible for trimming, painting and/or other maintenance? How often will this be necessary? This usually depends on the species.
To avoid any problems, try to speak to your neighbour before you do anything. That way, you might be able to reach an agreement and avoid any future arguments. You could consider mediation if you can't agree.
If a neighbours' high hedges become a major problem, it may be possible to make a complaint to the local council. If they believe a hedge is unreasonably high, the council can issue a remedial notice, outlining what action the owner of the hedge needs to take. Or, in some circumstances, the council can go in and do the work needed and then recover the cost from the owner. If the owner doesn't comply with the notice, s/he can be fined.
Hedges usually have to be at least two metres tall before the council will consider a complaint. The council may also say that you have to provide evidence that you have tried to solve the problem by negotiation but that this has failed. They may also charge you a fee before they will investigate your complaint.
If you plan to plant a tree in your garden, think about how big it could become over time. If it's likely to block out your neighbours' light in the future, consider planting it somewhere else in your garden, or planting a different type of tree. You must also remember that tree roots could affect your neighbours' garden, or in some cases, even their house. If it's going to be a large tree, plant it a reasonable distance from your boundary so the roots won't disturb existing boundaries.
Extending your home
If you own your own home, and are planning to extend it, remember that you will probably need planning permission and a building warrant before work starts. If you are a tenant and your landlord is planning an extension to your home, they will have to get the necessary permission first.
The title deeds to your home may say that your neighbours must agree to any alterations you intend to make. Don't assume that your neighbours will agree. Make sure you ask them.
