Neighbour and Boundary Disputes
Darren Forrester, Partner in the Dispute Resolution team at Berry & Lamberts Solicitors, answers questions on some common neighbour and boundary issues.
How can I find out the exact position of the boundary line between my property and my neighbour’s property?
For most people, their Title Deeds will consist of a Land Registry Official Register and Plan, which confirms the extent of the land that is owned, the ownership of land and any rights or obligations that run with the land.
However, the Land Registry apply what is known as the ‘General Boundary Rule’ to their official plans. This rule means that the precise line of a boundary is undetermined by the Land Registry unless a formal application is made for it to be fixed.
In order to find out the exact position of your boundary you will have to do some investigating and gather evidence, such as information held by you or any previous owners in relation to the position of the boundary, evidence to determine how long a boundary structure, e.g. hedge, fence or wall has been in existence, information held by your neighbours in relation to the boundary, the original conveyances for the property and any previous planning applications or historic photographs
How can I determine who owns the boundary structure and who is responsible for maintenance?
There are no hard and fast rules as to which neighbour owns a particular boundary. Your Title Deeds may contain wording where one owner covenants to maintain a wall or fence, but this does not necessarily mean that they own the wall or fence.
Sometimes Land Registry Plans or historic conveyances have T marks to indicate who is responsible for the maintenance of boundary structures but again this does not mean that that party owns the boundary structure.
Your Title Deeds may contain information as to who owns a particular boundary, but often they do not, or the situation may have changed since the deeds were written.
Can I cut down tree branches from my neighbour’s tree that overhang into my garden?
If your neighbour’s tree branches overhang your property then that is generally a trespass. Then yes, you have the right to trim or prune overhanging tree branches back to the boundary line of your property, even if you don’t own the tree. However, your neighbour has the right to ask for the branches or any fruit to be returned to them.
However, if you live in a conservation area, or the trees or hedges are protected by a tree preservation order, you might need your council’s permission to trim them. To avoid any disputes with your neighbour we would always recommend speaking with your neighbour to discuss the overhanging branches and try to reach agreement with them before you start.
Do I have a right to go onto my neighbour’s land to repair or maintain my boundary feature?
The Title Deeds to your property may give you permission to access your neighbours land to carry out repairs to your property. However, if there is no mention of this in the Title Deeds, you will probably need your neighbour’s permission to access their land.
If your neighbour does not give you permission there may be implied rights to access, which a solicitor can advise you about or you may have to take your neighbour to court to obtain an order for access across your neighbour’s property for the purpose of repairing your own.
If you enter your neighbour’s property without permission this may amount to trespassing.
