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.
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
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
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
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
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.
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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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.
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.
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.
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.
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.
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.