As social media interactions become increasingly contentious, it appears that disputes among neighbours, specifically over property boundaries, are also escalating.

In February, a court ruled that an empowerment coach must dismantle her garden fence which obstructed her elderly neighbours’ access to their lawn. Similarly, in November, appellate judges upheld a potter’s claim of adverse possession concerning a brook, after a neighbour erected a barrier to assert ownership. Last year, a 55-year-old entrepreneur in Sandbanks, Dorset was confronted with a £500,000 liability following a disagreement with his wealthy television executive neighbour regarding a 10ft wall dividing their properties.

The COVID-19 pandemic, during which many individuals worked from home and spent more time around their properties, has led to a noticeable increase in boundary disputes, an issue that remains prevalent.

According to Jack Norton, a chartered surveyor at Schofield Surveyors, inquiries about boundary disputes were infrequent prior to the pandemic, with his firm receiving one every two weeks. Currently, this has escalated to one per day. Geoffrey Adams, a chartered building surveyor at Anstey Horne, reported that such inquiries at his firm have risen from two a month to two each week.

Patrick Kershaw, an associate at Russell-Cooke solicitors, notes that these disputes often stem from existing neighbourly tensions. Adams further states that the pandemic caused people to pay closer attention to discrepancies, as they spent more time in their gardens.

Additionally, Kershaw observes a generational trend among affluent baby boomers who are more inclined to engage in legal disputes over small grievances compared to millennials, who often consider the costs prohibitive.

Cost Implications of Boundary Disputes

Kershaw recently provided preliminary advice and arranged for a boundary report costing £9,000. However, should the case escalate to court, expenses can significantly increase. “In straightforward instances, total costs can reach £80,000 by the conclusion of a trial. I currently manage a case involving right of way with a budget around £130,000 for a four-day county court trial. If it were to go to the High Court, fees could soar to between £300,000 and £500,000,” he explains.

Common Types of Boundary Disputes

Boundary surveyor and mediator Michael Rocks identifies several typical scenarios leading to disputes: a fence collapsed during a storm and the new neighbour erected one in an altered position; a previously tall hedge is trimmed down and the neighbour takes issue with its ownership; extensions to semi-detached homes encroaching on neighbouring properties; and expensive repairs required for shared stone walls when no one agrees to pay.

What is the Most Frequent Dispute?

One common complaint is: “The fence doesn’t align with the red line on my title plan, hence my neighbours have encroached on my property,” according to Adams.

Kershaw adds that the ambiguity found in Land Registry title plans contributes to these disputes.

Title plans are based on Ordnance Survey mappings with a red outline designating properties, often at a broad scale. “Disputes can arise over mere inches obscured by this red line,” explains Kershaw.

Norton emphasizes that even minor encroachments can lead to costly litigation: “Ordnance Survey maps can’t accurately differentiate between closely situated fences or hedges.”

Where Can You Find Evidence When Title Plans are Inaccurate?

Transfers, also known as conveyances or legal deeds, sometimes come with detailed maps or “transfer plans” that delineate boundaries more clearly.

These documents may provide a textual description of the boundary, indicating distances from fixed points. Kershaw advises seeking out the oldest conveyance or transfer plan for the clearest information regarding boundaries.

Challenges with Transfer Plans in Disputes

In some cases, locating an original conveyance or transfer plan is difficult. These historical documents might have inconsistencies based on how properties were originally built. Kershaw remarks that this is where experts are needed.

Adams warns that discrepancies often exist between the documents and actual construction. For instance, if gardens were intended to measure 24ft by 9ft, but the actual built fence varies due to past alterations, establishing a legal boundary may become exceedingly complex.

How Do Courts Typically Rule: Plans or Physical Boundaries?

While it remains unclear, Adams speculates that a court might favor the understanding of what the original owners believed they were purchasing rather than strictly adhering to the text of outdated documents.

In some instances, if a fence has been in place for a decade or more, one may claim adverse possession. However, this area of law presents many complexities.

Options When Evidence is Limited

Employing a boundary surveyor equipped with research skills can help determine historical boundaries. Rocks explains, “We analyze old Ordnance Survey maps, aerial images, and even historical photographs to gather evidence. I’ve even used pictures from a family album showing a fence in relation to a baby stroller to establish paths. We also interview locals about the history of the boundaries.”

Steps to Take When Facing a Boundary Dispute

Hiring a chartered surveyor to conduct a boundary survey and subsequently consulting a solicitor may yield beneficial outcomes. Anticipated costs range from £1,500 to £4,000, depending on the property size. However, Kershaw typically advises clients against proceeding directly to court.

Opting for mediation often proves to be a more constructive path. “Mediation offers the flexibility to agree on details a judge might not enforce, such as the color of a fence or the height of a hedge,” Kershaw states.

The Academy of Experts and the Royal Institution of Chartered Surveyors maintain lists of mediators, while Norton has introduced his mediation service, Boundary Mediation.

Mediation services typically charge between £1,000 to £3,000 per party, which is considerably cheaper than court expenses, although this can vary widely based on the specific situation.

Common Compromises Reached

Agreements may include conceding an inch of land if the neighbour agrees to fund the fence’s construction and upkeep. Alternatively, neighbours might agree to a boundary settlement where one party builds the fence, and the other commits to its maintenance forever. Agreements can also stipulate that a hedge cannot exceed a certain height above eaves.

Once both parties reach a consensus, hiring a boundary surveyor to document the boundary adjustments is advisable, followed by registration with the Land Registry.

In some circumstances, Rocks suggests selling your property as a possible resolution. “Solicitors often inquire whether you see the property as a long-term home. If not, negotiating with your neighbour and moving on can alleviate stress and clarify ownership for potential buyers,” he suggests.

Ultimately, Norton cautions against prolonged disputes. “Boundary issues can evoke strong emotions, as your home is likely your largest investment. However, they can become costly swiftly. Litigation can stretch out for years, leading some to jeopardize their homes.”

“Entering alternative dispute resolution early can substantially improve the chance of a successful settlement. For instance, judges now commonly direct disputing parties toward mediation. I’ve seen many clients arrive for mediation believing settlement is impossible, yet they often reach an agreement. Remember, you’ll have to live next to these individuals.”