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Boundary Disputes

Is a dispute with a neighbour affecting the use or value of your home?

Disputes over the exact line of a boundary, fences, hedges, access, or encroaching structures can quickly escalate, causing stress, expense, and potential loss of property value. If you’re facing a boundary issue, Complex Law can help you clarify your legal position and secure a fair outcome.

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The Facts

What is a boundary dispute?

Boundary disputes typically arise when neighbours disagree about the location of the dividing line between their properties, or who has rights over boundary walls, fences, or hedges. These disputes are often triggered by building work near a boundary, damage or alterations to fences or other boundary structures, or shared spaces such as driveways that are not clearly defined.

The facts

What is a boundary dispute?

Boundary disputes typically arise when neighbours disagree about the location of the dividing line between their properties, or who has rights over boundary walls, fences, or hedges. These disputes are often triggered by building work near a boundary, damage or alterations to fences or other boundary structures, or shared spaces such as driveways that are not clearly defined.

The law

What does the law say about boundaries?

Encroachment, trespass, or unlawful interference with land can give rise to land boundary disputes, legal claims and remedies such as removal of structures, injunctions, and damages. However, in England & Wales, Land Registry title plans show “general boundaries” only. Determining the true boundary can be complicated – involving title deeds, conveyances, plans, physical features, aerial imagery, and how the land has been used over time.

Your rights

Can I claim compensation or seek a court order?

Yes, depending on the facts of the case, you may be able to seek damages for loss of use, rectification or a reduction in property value. In case of encroachment, you can seek injunctions requiring neighbours to remove any offending structures or cease trespassing on your property. You may also be able to obtain a new declaration of the legal boundary of your property and have the Land Registry update the title plan.

Next steps

I’m in a property boundary dispute – what should I do?

It’s best not to escalate the situation – for example, by cutting down hedges or moving fences. As a first step, we recommend gathering any relevant documentation, including title deeds, conveyances, planning documents, old photographs of the property, and previous surveys. Once you have as much evidence as you can find, speak to Complex Law, and we’ll advise you on the best course of action and how we can help.

How Complex Law can help

Our specialist property law team are experienced in handling boundary and neighbour disputes – and in many cases we can achieve a resolution you’re happy with without the need for court proceedings.

Boundary identification and encroachment

We can review your title and historic documents, instruct a specialist RICS boundary surveyor where needed, and determine if there has been trespass or encroachment, which may form a basis for legal action.

Managing your dispute or claim

If you proceed, we will provide a single point of contact to manage evidence, liaise with your surveyor and the neighbour’s representatives, and pursue negotiation, mediation, or court action if necessary.

Flexible funding, including no‑win‑no‑fee

We offer a range of funding options. In appropriate claims for damages, we may act on a no‑win‑no‑fee basis. We’ll let you know what options are available to you at the outset and clearly explain all costs.

How we calculate costs

Where no-win, no-fee applies, we’ll usually charge 25% plus VAT of any compensation you are awarded. In other cases, we offer fixed or staged fees where possible to reduce the financial impact.

Do you have a claim?

If a boundary issue or dispute over use is preventing you from freely using your property or land, or it has impacted its value, then you may have grounds for legal action.

If you answered yes to any of the questions on our checklist, you may have a valid claim or defence. Speak to Complex Law to explore your options.

Start claim

Claim checklist

Has a neighbour moved or erected a fence, wall, hedge, or structure on(to) your land?

Do Land Registry plans conflict with what’s on the ground?

Are you facing claims of adverse possession or a disputed right of way?

Has building work near the boundary caused damage or trespass?

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Our practice is focused on three areas of law: Consumer Claims, Individuals, and Businesses (Complex 360), making it easy to match your legal issue with the right team and strategy.

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If you’ve been missold a loan or targeted by fraudsters or scammers, you don’t have to face the fallout alone. We’ll represent you on a no-win, no-fee basis.

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We provide clear advice, effective support and expert representation on matters from property and tenancy disputes to breaches of contract and general litigation.

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Complex 360 is our on-demand, subscription-based legal service for businesses, covering everything from day-to-day contracts to mission-critical disputes.

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What Others Say

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Frequently asked questions

If you don’t find the answer to your question here, get in touch with us and we’ll be happy to help.

Can adverse possession affect my boundary?

It’s possible. If your neighbour has been treating a portion of land that you own as theirs for a long period of time – for example, using part of a shared driveway that is technically on your land – then they may seek to acquire title. If you suspect that this is the case, then you should speak to Complex Law as soon as possible: early advice is essential to reduce the risk of losing ownership.

Can I move a fence back to where I believe the boundary lies?

Boundary disputes can be extremely frustrating, especially where the disagreement is over a fence or wall being a few inches over the line, but we would strongly advise against attempting to resolve the matter by physically altering or removing any structures. As well as escalating the disagreement, this type of action could amount to trespass or criminal damage on your part.

Will a boundary dispute affect a property sale or mortgage?

Most likely, yes. It’s obligatory to disclose any ongoing boundary disputes to buyers (and, by extension, mortgage providers). Unfortunately, this will tend to reduce the perceived value of the property and increase the risk profile from a lender’s perspective. Resolving any issues prior to putting a property up for sale, or at least obtaining a clear expert report and a documented agreement, can help protect the property's value.

How long do boundary disputes take to resolve?

Simple matters can be resolved in weeks if neighbours are cooperative and clear evidence is available. Contested cases requiring expert reports and court directions can take anything from several months to years. If you choose to work with Complex Law, we’ll provide you with a realistic estimated timeline once we’ve assessed your evidence in detail.

What will it cost, and can I recover my legal fees?

Costs vary depending on the complexity of the dispute and whether expert evidence and court action are required. In litigation, the losing party often pays a portion of the winner’s reasonable costs, but outcomes vary. We’ll explain funding options, including fixed fees, staged fees, and potential no‑win‑no‑fee for suitable damages claims, at the outset of any engagement.

Legal advice in plain English

Get in touch to find out how Complex Law can help you resolve your legal issues quickly, efficiently and with the best possible outcome.