Read more articles in: Blog, Lorraine Walker, News

Summer gardening disputes – Has your neighbour encroached on your land?

Many of us will be taking advantage of the summer sunshine to tend to our gardens.

Unfortunately, you might find your happy digging and planting activities disturbed when your neighbour encroaches onto your land – or, worse, accuse you of encroaching on theirs!

Boundaries that delineate where your land ends and your neighbour’s begins are not always visible and may not align with the physical barriers (such as fences) that sometimes mark these divides.

Understanding and respecting these boundaries is vital for maintaining good relations with your neighbours.

However, disputes can arise when it is perceived that these boundaries have been altered without your consent, leading to potential encroachment on your land.

Understanding property boundaries and legislation

It is important to note that, unless explicitly determined, Land Registry plans only show general boundaries.

This means that the exact line dividing two properties might not always be clear-cut and could differ from where current fences stand.

If you believe a neighbour has encroached upon your garden by altering a boundary marker, or your neighbour accuses you stepping over the boundary, it is essential to address the issue promptly and constructively.

Gather relevant documents and evidence

Relevant documents, such as your property deeds and existing surveys (which you can obtain from the Land Registry), are essential for establishing the legal boundaries of your property.

You should also consider what evidence exists beyond the property plan itself.

Extrinsic evidence, such as aerial images, historical use, and even local knowledge, can help to clarify boundary lines.

It is also important to bear in mind that courts often give more weight to longstanding physical boundaries – such as fences, hedges, or walls – over plans with general boundary lines, especially when these boundaries have been in place for many years.

Communicate with your neighbour

Armed with the relevant documents and evidence, you’ll be in the best position to engage in constructive dialogue with your neighbour about the boundaries dividing your gardens.

Chances are your neighbour simply misunderstood where the boundary line was, and a little clarification can help to resolve the issue amicably.

However, if direct communication doesn’t work or you feel that it would be too risky to attempt, consider engaging in mediation.

A trained mediator is a neutral third party who will help you and your neighbour work towards a mutually agreeable solution to resolve your dispute as amicably as possible.

Legal action

If mediation doesn’t resolve the issue, consider seeking legal advice.

A solicitor, specialising in property disputes, can guide you through the legal process and advocate on your behalf, aiming to protect your interests.

A letter from your solicitor to your neighbour might be enough to show that you are serious about protecting your boundary and that you have good legal grounds to prove your case.

If this does not work, you can initiate court proceedings to resolve the dispute.

However, this can have a hugely negative impact on your relationship with your neighbour, so it should only be attempted as a last resort.

Avoiding and resolving boundary disputes

Boundary disputes are often avoidable with careful property planning and well-defined documentation.

However, when they do arise, they can quickly escalate, requiring skilled legal assistance to resolve.

To protect your property rights and avoid costly disputes, you should:

Review all boundary lines and associated documents before purchasing a property.
Use modern, accurate surveys to confirm boundary locations.
Resolve boundary questions early, preferably in writing, to avoid misunderstandings.

If you are facing a boundary issue, our expert dispute resolution team offer professional advice to help you safeguard your rights and achieve an effective resolution.

Facing a garden dispute with your neighbour? Get in touch with our dispute resolution solicitors today for tailored advice and guidance.