https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/

Drawing the line on boundaries

Boundary white line on a sports pitch

I often get asked questions about boundaries and they tend to be some of the hardest to answer. A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground.

In my experience, the boundary can often become the weapon of choice when neighbours have fallen out over something such as noise, pets, parties, or BBQs when the washing is out.

I always start by explaining that we can’t tell you exactly where your legal boundary is, as our title plans show general boundaries. The information is based on large-scale Ordnance Survey mapping and is generalised to some degree. For instance, it may not show small juts in the boundary or bay windows.

We can’t tell you which boundary feature you are responsible for either, though some registers may refer to this. If you want to check if we have any boundary information, you can get a copy of the title register, title plan, and any ‘filed’ deeds we have for your own property and your neighbour's property. A deed plan may refer to measurements but these have to be interpreted, as the land may not be level and you don’t know where they were measured from or how.

People often think they are responsible for the left (or right) hand boundary wherever they live, but there isn’t any legal basis for this. Sometimes deeds lodged with us when we first register the property may have information about it, in which case it may be mentioned in the register. In a lot of cases though, the deeds make no mention.

Then there are cases where the deeds refer to ‘T’ marks on a plan and include wording such as ‘to maintain the boundaries marked with an inward facing T mark’. Larger developments tend to have some indication provided by the builder, but there are no hard and fast rules, I’m afraid.

If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed. The registered titles can help you to reach an agreement, but only if this information has been added.

Suburban fence panels have fallen down, making the boundary unclear.

Who can help with boundary disputes?

Boundary disputes can be complex and I always suggest getting some legal advice if a dispute is in danger of flaring up. If a dispute continues, it is ultimately a Court that makes decisions, but they do not like such disputes being put before them.

There are other organisations that can help you before things get to that stage, such as the Royal Institution of Chartered Surveyors (RICS) who have a boundary dispute helpline: 02476 868555. They can’t solve the dispute for you though, so do remember if you can reach an agreement with your neighbour it can be a lot less stressful and certainly a lot less costly.

RICS Boundary Dispute Helpline 02476 868 555

Important points to remember

 The main things to remember are that:

  • our information can sometimes help, but is only part of a bigger picture;
  • the title plan will only show you the general boundaries of the property;
  • there’s more guidance on property boundaries if you need more information; and
  • we cannot help you resolve your boundary dispute or provide legal advice. If you need help, contact RICS or call their boundary dispute helpline on 02476 868555. If you need legal advice, see a solicitor.

114 comments

  1. Comment by Karen posted on

    Hello, my property borders a local authority park on one side and across the end. The boundary fences are in very bad repair. We have been informed by other neighbours that the council should maintain the fences. I emailed council but are ignoring me. Will it say on my deeds if council have responsibility for fences.

    Reply
    • Replies to Karen>

      Comment by AdamH posted on

      Karen - the registered details may contain information re boundaries but as the blog article mentions there are no hard and fast rules so it is just as likely to be silent. It's always worth checking but agreeing who does what is invariably a matter for neighbours to discuss and agree.

      Reply
  2. Comment by Chris posted on

    Hello
    I have had a house built, but the builder has built a retaining wall in the wrong place, by approximately 0.5 metres onto some adjoining land. Can you recommend what I should do as the builder refuses to acknowledge he has made a mistake.
    Kind regards
    Chris

    Reply
    • Replies to Chris>

      Comment by AdamH posted on

      Chris - I'm afraid we can't as it's very much something for you and your builder to discuss and agree upon as to what happens next. The adjoining landowner may also have a view of course as you are acknowledging that you have encroached on their land. If you are unsure as to your, or your neighbour's, legal rights I would recommend sonsulting a solcitor

      Reply
  3. Comment by Mrs Susan Fowler posted on

    My parents property and the neighbouring property have had a shared pathway for over 40 years. Mid 2017, the neighbouring property owners acquired the shared path as their own. We have tried to explain to them that this pathway was here when we first moved into the family home and has been there up until they acquired the land. We have pictures from Google Earth that show the pathway. The main issue at the moment is that the neighbours have just sold their property. I am extremely concerned that we will not be able to reclaim the shared pathway once the new purchasers settle. Please could you advise me what steps I can take to ensure the Estate Agent who is selling the property, and the purchasers, knows there is an issue. We have tried speaking with the neighbour but they just won't listen.

    Reply
    • Replies to Mrs Susan Fowler>

      Comment by AdamH posted on

      Mrs Fowler - there are several things to consider here although the two Qs asked are not realy ones for us to advise on. Whether you should or how you broach it with the EA or prospective buyers is something I would suggets getting legal advice on first to ensure you are not for example making yourself liable for any claims that you prevented them selling.

      The other things to consider here are what rights have your parents over the path? Is their property registered and if so do they have a right over the path registered. Or if unregistered do their deeds refer?
      You can check if it's registered and how online and by post as appropriate https://www.gov.uk/get-information-about-property-and-land
      If no right is registered/recorded in the deeds then have they used it for long enough to acquire right to continue to use it. 20 years is the minimum timescale and our Practice Guide explains this in more detail https://www.gov.uk/government/publications/easements-claimed-by-prescription

      As such I would recommend checking the details they have registered/recorded and then seeking legal advice

      Reply
  4. Comment by Walter posted on

    21 years ago, my neighbour was erecting the fence between our gardens. There were several trees on his side that stopped the fence running in a straight line, and so he asked if he could bring the fence around them onto my side of the border. I gave my permission. I have a new neighbour now, who I have occasionally told about that agreement. He is now replacing the fence, and wants it to run in the same place. I have asked that it be straightened to its correct place. He is now claiming adverse possession, even though I gave my permission to the owner when the last fence was erected and it was placed incorrectly with my knowledge. Can he do that ?

    Reply
    • Replies to Walter>

      Comment by AdamH posted on

      Walter - something you will need to get legal advice on I'm afraid. We can supoply the registered details but we cannot advise you on the law. If you are looking for wider advice/assistance then online forums such as Garden Law can be useful resources for insight into how such matters may play out or be viewed legally. However it is legal advice you need on your unique set of circumstances

      Reply
  5. Comment by Gordon sanderson posted on

    I have just been informed by next door that I have to remove three screws that i put in to hold a 6x6 fence panel to the wall of his new extension ,
    I did it as wind was blowing the panel over .
    I am now ttold that i have to take them out and replace the three bricks .
    He removed four fence panels and the posts while the builders built said extension Should he not replace the fence that was our boundary at his own cost I have dogs so they go into his garden and i do not have the money to replace the fence any advice please .

    Reply
    • Replies to Gordon sanderson>

      Comment by AdamH posted on

      Gordon - I'm afraid it's legal advice you need here as to what your rights (and his) are in such cases. If you arev looking for wider online advice/comment then online public forums such as Garden Law or Money Saving Expert can be useful resources. The former in particular often discusses such matters but it is legal advice we would always point you to.

      Reply
  6. Comment by Lady Pippin posted on

    I'm having a boundary dispute with a potential neighbour who has renovated an old property opposite me. I own the private road which goes up to the two properties giving obviously vehicular access. The land that goes with the building was conveyed to the seller's father in a Deed of Grant date 1968. The plan on the Title Deed is not very clear but I've photos of how the road annexed to it clearly showing how the road was when conveyed and still should be which corresponds with my Title Deeds and also the sellers. Completion has now taken place and the new owner has registered her property with the land registry using it would appear the Estate Agent's plan which was found to incorrect and was subsequently changed accordingly. Surely the land etc should have been registered from the Title Deed plan on the Contract of Sale supplied by the seller's Solicitor and not taken from the Estate Agent's plan by her Solicitor? By using the wrong plan I've lost a significant part of the entrance to my gateway and am hard pushed to get in and out. We need to get this sorted asap as a condition of allowing the builders etc access to do the renovations is that they/she has to make good the road as it was before and obviously this can't be done till the boundary is sorted out. Needless to say there are no dimensions, my property goes back to 1860!!

    Reply
    • Replies to Lady Pippin>

      Comment by AdamH posted on

      Rachel - registration is based on the deeds/documents submitted. It would be rare to rely on an Estate Agent's plan or indeed a Contract as it is the legal deeds we would look to re what has been conveyed over time.
      You do not mention whether your property is registered or not but if we had mapped the neighbour's title to include registered land then this would have been covered at the time, often through contacting the affected registered owner or by excluding the already registered part from the new title.
      If you are in dispute wiht the neighbour I would recommend seeking legal advice.

      Reply
      • Replies to AdamH>

        Comment by Lady Pippin posted on

        At the present moment we are trying to sort this amicably. The building and land sold formed part of another property so was included in that Title Deed. My land is registered and the plan on the vendors TP1 is correct and matches the plan on my Title Deeds. What puzzles me is that the plan that the purchaser has registered differs from the vendors plan on the TP1 and appears to include some of my property which was not sold to her and which is similar to the plans on the Estate Agents particulars, so am at a loss to understand how this could have occurred. Surely the plan on both parts of the TP1 should be the same.

        Reply
        • Replies to Lady Pippin>

          Comment by AdamH posted on

          Rachel - we would register the TP1 as submitted by the purchaser's solicitor and executed by the Vendor. Are we referring to 2 copies of the same TP1 or perhaps an older TP1 whereby the Vendor bought their larger area of land and property and a new TP1 now used to sell to the purchaser? If we are then the latest TP1 does not have to rely on the older TP1 plan but can have it's own plan instead. Either way we still rely on what is submitted in the new application/TP1 and then fit it as appropriate to the registered title(s) involved. If there are any overlaps or discrepancies then these would eb raised with the applicant to resolve.

          Reply
      • Replies to AdamH>

        Comment by Lady Pippin posted on

        Sorry I obviously didn't make this very clear that this is a first registration in respect of land and property in question.

        Reply
        • Replies to Lady Pippin>

          Comment by AdamH posted on

          Rachel - if your title is registered and the Vendor's title is as well where does the first registration come in? In the circumstances I think it might be better for you to raise this as a specific enquiry, quoting titele number(s), so our support team can take a look and reply in context https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page

          Reply
          • Replies to AdamH>

            Comment by Lady Pippin posted on

            The First Registration comes in as this is a building and a piece of land that was included when her father bought the site in 1968 in the vendor's father's Title on his main property owned at the time . Since then that old building and land has been sold and it's now been admitted by the purchaser that she's registered the property with the plan on the Estate Agent's particulars which were inaccurate and amended accordingly. Despite copious docs and photos sent to her by email showing the inaccuracy of her Title, she's adamant that she's right and that everything else is wrong!! We're just going round in circles, so I've respectfully suggested she goes back to her Solicitor for clarification. What puzzles me is why/how did this happen in the first place??! There is also a suspicion that another piece of land owned by another neighbour may also be included in her Title, again this was not sold to her but was included originally on the Estate Agents plan. This was amended by the signing of a ST1 but they way things looked, it may still be included in her Title. I would like to thank you for your help. I hope I manage to resolve this without having to go down the Legal route - fingers crossed I really don't want a neighbour dispute.

          • Replies to Lady Pippin>

            Comment by AdamH posted on

            Rachel - I would recommend looking to strip away the questionmarks over theis and confirm what is registered and then request copies of any documents relevant to those registrations as appropriate. At present there is too much uncertainty aorund what has happened and I have not come across sellers/buyers who would use an estate agent's plan in a legal deed. The EA is marketing the property and the requirements are very different to what is required for a legal deed which then transfers the ownership.
            Like you I trust that the situaiton is resolved amicably but if her title has been registered then confirming the basis for that registration is crucial it seems

  7. Comment by liz posted on

    Hi, can you point me in the direction of the Act which defines a legal boundary. I understand from your guidance that a legal boundary is a line in space with no width etc, but is there an actual definition in the Land Registration Acts or some other legislation, that says what a legal boundary is or is it purely a definition that has been drawn up by HM Land Registry?

    Reply
    • Replies to liz>

      Comment by AdamH posted on

      Liz - the term ‘boundary’ has no special meaning in law. In the context of property ownership it can be considered to have two meanings:
      Legal boundary - the term may describe the imaginary or invisible line that divides one person’s property from that of another. This could be described as the ‘legal’ boundary. Such a line by definition, has no width and can therefore only be an abstract concept which in practice can rarely be precisely reflected in any form of physical boundary demarcation.
      Physical boundary - the term ‘boundary’ may describe a ‘physical’ boundary feature which may follow the line of a ‘legal’ boundary.

      Reply
  8. Comment by Lady Pippin posted on

    Thank you so much Adam - the matter has now been resolved!! I agree with everything you've said. I also have never known anyone use Estate Agents plans to determine Title and having suggested that she goes back to her Solicitor to clarify things, she has had another look through her documents and has now come across the Official Copy of Title Plan registered at the LR Kingston upon Hull in October 2015 and the plan on that Title Deed is correct. God knows what or how the document came about, it's a total different Title Deed!! I've now got the full width of my road back!! Thank you again, thought I was going completely mad!!

    Reply
    • Replies to Lady Pippin>

      Comment by AdamH posted on

      Rachel -that is a relief and well done for resolving it so smoothly. The only thing I can think of here is that the EA role is quite different in that they are marketing the property for sale. That is not to criticise their role in anyway but simply to refelect the fact that plans can be created for a variety of reasons and not all for the legal deed associated with the end sale/purchase of a property

      Reply
  9. Comment by Lady Pippin posted on

    oops should have said "the other document came about" !!

    Reply
  10. Comment by JohnH posted on

    A question please; I am in the process of buying the freehold from the leasehold I currently own from (unfortunately) my Local Authority. This is being done via Form TP1 (parial transfer of registered land). At the rear boundary of my garden is an earth retaining wall that is used by the Council to retain their higher land amongst other uses they have for it. The lease makes me responsible for repairing and maintaining said wall. The lease clause has been entered into the TP1 form by the Council stating it is "standard practice" to incorporate any lease terms into the TP1. After many letters they have confirmed they intend to transfer ownership of the wall to me as a result of me signing the TP1 form. I do not wish to take ownership of their poorly built delapidated asset. If we are unable to resolve this issue (seems highly likely with the Council) I understand that I can take the case to the Land Registration division of the Property Chamber (First-tier Tribunal) to amend or remove this clause in the TP1 Form. Would you know if this is correct please?

    Reply
    • Replies to JohnH>

      Comment by AdamH posted on

      johnH - you really need legal advice here as to what options are available to you. I am not aware on what grounds you would be able to seek removal of such a clause after you have accepted it by executing and registering the Transfer itself.

      Reply
  11. Comment by JohnH posted on

    To AdamH
    I have refused to sign the TP1 at present, for this reason.

    Reply
  12. Comment by J Pope posted on

    we purchased a house in 2014 with a boundary fence which behind as a strip of land about 3ft wide. its unused. looking at old maps this land seemed to be in the boundary of our garden up to 1980. Is their a way to look at old title deads/registry to see if it was once within our garden?

    Land is ex local authority and we purchased from someone who borough the property from the council. Sellers never engaged with us and gave little information at the time although our Solicitor said boundary was ambigous

    Reply
    • Replies to J Pope>

      Comment by AdamH posted on

      J Pope - we don't hold original deeds/documents so it is the registered title you would rely on here. Maps do not show or define legal ownership. They define the physical features in place at the time the map was drawn.
      If it was once owned by the local authority then I doubt if original deeds/documents exist and/or were passed on at the time. If the title refers to a 'filed' deed then that may help explain what was Transferred by the local authority at the time and clear up the issue for you

      Reply
  13. Comment by Patrick posted on

    Hi. Our title deeds differ to our neighbours with the T marks in different positions. Our deeds have the T on the disputed side in our neighbours boundry but theres show the T in ours. Our deeds seem to be more up to date as our house is detached which is indicated on our plans but our neighbours version shows our plot as a semi detached house. Is it possible for one set of plans and T marks to supersede another?

    Reply
    • Replies to Patrick>

      Comment by AdamH posted on

      Patrick - anything is possible but any superseding would be a matter of law and the ultimate arbiter a judge. The key, in my experience, is that such details are often part of a much bigger picture as who maintains a fence for example can change between ownerships and owners may not always follow what a single piece of information provides. For example a covenant to maintain the fence on the side marked with a T in 1923 may not still hold true or be legally binding in 2018. Equally a covenant in a deed affecting a specicif property relates solely to that proeprty. Yes there may be other T marks for neighbouring properties but the actual covenant relates to that single property only.
      So everything goes into the mix and and invariably it's between neighbours as to how they resolve and agree such matters. If you are looking to trump the neighbour with informaiton then that can work if the neighbour is willing to be trumped but ultimately that is only somethign a court of law could arbiter on

      Reply
  14. Comment by Anish Gupta posted on

    We have a similar situation near us a home owner has extended his property to block a path running between houses. As the area was allotments - prior to the 1950's the council don't own the path or maintain it but it has been in use for at least 50-60 years. It has been a real issue for locals but there is nothing they can do as the land in unregistered and there is little chance of finding any conveyance for it, the council seem to have washed there hands of it and don't want to be involved. So the home owner is left to do as he wishes and battle ensues with no one able to find who is in ownership or responsible. It has become a battle of who is brazen enough to steal some of the path and will end up a mess of adverse possession in 12 years.

    Reply
  15. Comment by Jim Kendall posted on

    21 years ago I purchased my house from the Nationwide Building Society with a promise that they would complete and register the land correctly as it was 'on the ground'. Now we have found they failed to complete their promise & instead of placing the front garden and part of the front driveway in the correct position the Land Registry placed it on-top of my 4 bedroomed detached house. This along with part of the land on which my house stands still being registered & owned by the man the Nationwide B.S. foreclosed on for defaulting in payment of their loan. To add further pain to our problems we now have a neighbour that can produce Land Registry Documents showing he owns all of my front garden. Surely someone at the Land Registry must have seen that you cannot put a garden & driveway on-top of a house?
    This is the second post I have put to the Land Registry but you seem to avoid anything that may reflect on your competence?

    Reply
    • Replies to Jim Kendall>

      Comment by ianflowers posted on

      I am sorry to hear of the difficulties you have experienced. We will not be able discuss individual cases on our blog but in general terms, we essentially have an administrative role and are required to register boundaries based on the applications made to us. Please contact us - https://www.gov.uk/guidance/contact-hm-land-registry if you have any new enquiries or issues to raise.

      Reply
  16. Comment by David posted on

    Hi I purchased a small plot of land last year and now my neighbour claims he actually owns some of it. Shows that it is mine on land registry map.is he just trying it on!? Whats best way forward before solicitors get involved thanks

    Reply
    • Replies to David>

      Comment by AdamH posted on

      David - we can't advise you on the 'best way forward' as it is a legal issue if someone is encroaching/trespassing on your land. If you are looking for wider comment/advice and don't want to use a solicitor then online forums such as Garden Law can be useful resources. But do remember the land, the boundaries, your neighbour and you are all unique so what works for others may not apply here

      Reply
  17. Comment by ted posted on

    what if the courts dont get it right due to perjury and the judge did not want to see what a COLONY gave as conditions of sale and a judge thought easements were not on the roads which they were but decided they were over and against a neigbors title and caused a boundary to be misplaced ...... what can one do besisdes continue to confront the issues and also show the LTO facts of the faults carried out by the courts ....a judge will agree LTO do their job but what if they also show a judge was wrong .................a judge gives authority to the lTO aso whay does LTO want the courts to overturn the case why cant the LTO assist to correct heir faults also on titles

    Reply
    • Replies to ted>

      Comment by ianflowers posted on

      That's not something we can comment on as it relates to the courts / judicial process which falls under the responsibility of HM Courts Service.

      Reply
  18. Comment by Tony posted on

    Hi my neighbor has agreed to let me rebuild a front garden wall and move it by 1 metre. What forms do we need to fill out to get the deeds changed to show the change

    Reply
  19. Comment by Annette posted on

    I have owned my property for 23 years and it was built in the seventies. The house is end of terrace. Out of the blue my neighbour has decided that she owns an area that abuts her tarmac. The area in question was tiled by me when i moved in. What do i do now

    Reply
    • Replies to Annette>

      Comment by AdamH posted on

      Annette - if the neighbour is trespassing on your land then you should get legal advice as to how to evict/stop her

      Reply
  20. Comment by Martin posted on

    Hi There, would be grateful of some advice. I bought a property from Bloor Homes 12 years ago. They erected a wooden fence round my property. On one side I am bordered next to a Housing Association. I have been trying to find who is responsible for cutting back trees and bushes that are overhanging and leaning against my fence pushing it over. Bloor Homes are still responsible for some areas of my development. The housing association have been really helpful and we have established their border is a chainlink fence that runs parallel to my fence. Without digging through the bushes you would not even know it was there. Now the interesting part Bloor Homes have now implied that I am responsible for the area between the fence they erected and the wire fence! I would estimate there is between a 1-2 metre gap between the 2 fences that I have no access to. When I bought the house nothing was mentioned that the fence they installed is not on my property boundary and there is an area beyond it that I am responsible for. I would like to request that they clear the area in question and move the fence to the correct boundary. Do you thing I am within my rights to request this? The housing association have confirmed that they have no objections to that.

    Reply
    • Replies to Martin>

      Comment by ianflowers posted on

      Martin - As we only register general boundaries, the exact position of the legal boundary line is left undefined. So it's unlikely that any information that we hold will assist you in resolving this. Ultimately, this is a legal issue, so you might want to consider getting some independent advice, for example, from Citizen's Advice or a property professional such as a solicitor or surveyor.

      Reply
  21. Comment by Stuart posted on

    Hi there
    Have lived in my house for around 20years,we have a fence out front which is in need of repair but is surrounded by a hedge, in front of this is just grass (road access to side) . This past week, for the first time ever, one of the local housing associations has decided to cut the hedge down to varying heights, from 4ft to 1ft in height, and has created multiple openings for my dog to get out the garden. Are they allowed to cut a boundary hedge without permission? Is a fence my boundary? I was under the impression fences are built within the boundary as to not intrude on limits.

    Reply
    • Replies to Stuart>

      Comment by ianflowers posted on

      Hi Stuart. We register general boundaries and the exact position of the legal boundary is left undefined and so our records won't definitively show whether the boundary is the fence or the hedge and obviously particularly with hedges the position/extent of the physical boundary can change over time. Also, your title deeds will not usually have any information or covenants relating to the ownership or maintenance of boundaries, and the information may become out of date in any case.

      You may want to consider discussing this with the Housing Association or seeking legal advice, for example, from Citizen's Advice or a solicitor such as conveyancer.

      Reply
  22. Comment by Tammy butler posted on

    We have an extremely tall retaining wall at the back of our property that adjoins and holds council owned land on the other side (it’s a parking lot). A very large and dangerous crack had appeared and worsened over the years. On the titl plan we are responsible for maintaining our side of the wall.

    Who is responsible for repairing the wall seeing as it’s the weight of their land putting pressure on the wall? Us, them or both parties?

    Reply
    • Replies to Tammy butler>

      Comment by AdamH posted on

      Tammy - such matters are usually discussed and resolved between neighbours. If you are looking for wider advice then it's legal advice you will need

      Reply
  23. Comment by john clarricoats posted on

    Hi
    Since moving into my council house some 20 years ago we were told that the neighbours own 2/3 of the shared drive in the middle, this, if enforced would stop vehicular access to our rear garden (between houses is 18' back garden is divided equally down the middle and gates to rear are halfway down 'drive'.
    We have always used the drive for access to our rear and thought it was an easement allowing us to do this.
    The neighbours now want to extend and are threatening to put up a dividing fence unless we allow them to overhang their extension guttering into our garden by 6"
    We bought our house 2 years ago and the council supplied plan (supplied by the Solicitors to us on completion) shows our boundary as a full rectangle which in effect give us half the drive.
    I have been on the Hm Land Registry site and it shows a different plan with the neighbours owning the 2/3 as originally thought.
    Where do we stand? Can I state claim to the part of the drive on our side as that's what the Council state they sold us, or are the HM Land Registry plans definitive?
    If the neighbours do want to erect a fence, how do we confirm the exact boundary line?
    Many thanks
    John

    Reply
    • Replies to john clarricoats>

      Comment by AdamH posted on

      John - if you bought a registered title then the title plan is definitive as to the extent purchased. Normally you are asked by your solicitor to check the registered extent with what is on the ground and query if there are any issues. A council plan would have served a different purpose and would not define ownership for example so you have to be wary about what a plan is for and what it then shows. I'd recommend you get some legal advice here especially if any right of access is going to be affected
      Have a read of our Practice Guide on boundaries https://www.gov.uk/government/publications/land-registry-plans-boundaries

      Reply
  24. Comment by E Hudson-Slade posted on

    I am wanting a defined boundary line Which is 6 feet long.
    There are two sewers on this boundary line, and the owners of the property next door have put a low brick wall on my side of the garden, I feel they have encroached on my property.
    Is this a situation for advice from a solicitor or a surveyor.
    Thanks
    Emily.

    Reply
    • Replies to E Hudson-Slade>

      Comment by AdamH posted on

      E Hudson-Slade - potentially both as it is only something you are likely to be able to resolve with your neighbour. If they have effectively trespassed on your land then it's legal advice you need on how to evict them, remove the wall etc. A surveyor can assist re assessing where the legal boundary might lie and with any dispute/mediation with the neighbour

      Reply
      • Replies to AdamH>

        Comment by E Hudson-Slade posted on

        Hello Adam
        Thank you very much for your prompt reply to my question.
        I really do appreciate your answer and your time.
        Regards
        Emily.

        Reply
  25. Comment by Sally Grylis posted on

    I live in a semi basement flat in a terraced house built in about 1890. All the houses have long gardens (about 140 ft long) with high brick walls that are the same age as the house. Part of the garden wall on my right fell down last year and I have been trying to get the next door neighbours to rebuild it. It had been leaning for some time and I had notified them of this years ago but they did nothing. When is a garden wall a party fence wall? Can a party fence wall (also the boundary wall) be on someone else’s land and also abut my land? So far they have acknowledged it is their wall the brick supports are in their garden. They are saying that if it is a party fence wall and straddles both owners land I will have to pay half the cost of rebuilding it and will have a say in how it is rebuilt or if it is on their land they can do what they like and I would not have to pay anything. They want to knock it down and put up a fence which would be awful as the old brick walls are a feature of the gardens. I live in a conservation area and the next door neighbours are a Housing Association. Basically I would like to know if the garden brick wall can be on their land, abut my land and also be a party fence wall so that I can get them to repair the wall properly but not have to pay half the cost which would be a lot of money.

    Reply
    • Replies to Sally Grylis>

      Comment by AdamH posted on

      Sally - a boundary can be a party one if designated as such at some point in time between neighbours/owners or if there is no information to suggest otherwise. The article looks to explain this for you. We can't really offer any more advice than what is in the blog and linked guidance so OI would recommend speaking to a solicitor if you are concerned as to what the legal position is. There are also online resources which may be able to assist such as online forums. Garden law can be a useful resource but remember your property, your neighbour and the wall/boundary are unique to you so wider advice can help to a degree but specific legal advice is always recommended

      Reply
  26. Comment by Douglas posted on

    I asked my estate agent /solicitor if he could measure out my boundary around my house. Documented in my title deeds are length and breadth measurements, he has since came back and said I don't own all what is documented,nothing has changed since I bought the house in 1948 except that a family built a house in 1998 on a neighbouring plot and are now saying that the piece of land between us belongs to them yet, on numerous occasions they (the owners) said that piece of land belongs to me I challenged my agent and he has been quite difficult and can't give any reasonable explanation how this has come about . I haven't been shown my neighbours registered plan or deeds to prove otherwise that they own it my agent has said that to measure the land I would need a surveyor and that would cost a lot of money but it's not the money that is the problem are what is on my title in mean length and breadth measurements what I own or not

    Reply
    • Replies to Douglas>

      Comment by AdamH posted on

      Douglas - the title plan shows the general boundaries of the registered title and the extent of your registered ownership. I assume the disputed land is registered to the neighbour. Measurements in deeds can also assist but they show what was included in that deed rather than what is perhaps registered. If you are disputing the ownership then a surveyor can assist with assessing where the registered boundaries lie and therefore advising on what they consider to be included. Anything more and it's legal advice you will need

      Reply
  27. Comment by Mr R C Hardy posted on

    The current land registry document for my property shows my boundary running directly front to back and shows my neighbours garage as sitting against this line. At sometime in the past my neighbour has moved his fencing and made a path, to allow him to walk around his garage, which means it is on my land. He says that as he made the change over 12 years ago (Before we purchased the property) he now owns that section of land, under adverse possession rights.
    Can that be true as the property has never lain empty and he just seems to have effectively stolen the land.

    Reply
    • Replies to Mr R C Hardy>

      Comment by AdamH posted on

      Mr R C Hardy - it is posisble to occupy and take land from someone else. Our Practice Guides 4 and 5 explain this from a registration perspective and would cover any application by the neighbour to register that claim. https://www.gov.uk/topic/land-registration/practice-guides
      But it's really legal advice you need to ascertain whether the neighbour has a legal claim if as yet it is unregistered

      Reply
  28. Comment by Kiwikins posted on

    Hi I an oak have a hedge in the back garden that we have maintained for the past 12 years keeping at a reasonable height straigh across. The hedge is planted on our side of a wire fence and is over a meter wide, with at least a quarter of this being on the neighbours side. He has recently done his garden up and has put a string line down the hedge. We had people in to cut the hedge and he stopped them saying we were trespassing in cutting the hedge, as he wants to grow it taller. Is this right? Surely it is our hedge and ours to maintain, or we could just cut the whole thing down??

    Reply
    • Replies to Kiwikins>

      Comment by AdamH posted on

      Kiwikins - I'm afraid that's not something we can assist with and it's very much legal advice you need here as to what rights you each may have. An alternative is to try online forums such as Garden Law where such matters are often shared and discussed but always remember that the boundary, you and your neighbour are all unique so often it is legal advice you need re your circumstances. Online forums can help from an experience/expectation perspective though if you are wary of a legal/boundary dispute

      Reply
  29. Comment by David Whelan posted on

    I have had full unrestricted use of a 'drive' that is created by the walls of my detached house and my neighbours. My neighbour now wants to put up a fence on the common boundary between the houses. Can he do this without my permission? Thank you.

    Reply
    • Replies to David Whelan>

      Comment by AdamH posted on

      David - something you will need to get legal advice on. We can supply the registered informaiton but we cannot advise you on your, or indeed your neighbour's, rights

      Reply
  30. Comment by Mark McLoughlin posted on

    Hi we have agreed the sale of our 3rd floor apartment in an 1850's converted mill, along a share of the lease. We were advised that the balconies we added 10 years ago with full planning and completion certificates will require a deed of variation as they overhang a river/river bank on the eastern aspect of the mill. The envirnment agency were consulted at the plannng stage.
    The vendors lender perceives a risk in that any potential owner of what might be 'unregistered land' under the balconies may see them as a nuisance given the HMLR red boundary does not include either the outline of the balconies or any notional right to overhang the river . Any advice welcomed.

    Reply
    • Replies to Mark McLoughlin>

      Comment by AdamH posted on

      Mark - we no longer reference a balcony as a note on the land register. However if they have been added then I would anticipate the lease as being varied to include within it's demise - if I have read this correctly that is what has happened here although as yet nothing has been registered as you say 'will require a deed of variation'.
      The issue the buyer seems to face is that the balcony has been added above unregistered land and presumably therefore the freeholder/landlord does nto own the airspace into which the balcony extends. Planning approval would not look closely at the ownership issue and whilst the EA may have given permission is that enough. Veyr much a Q your solicitor will need to advise you on as to whether the freeholder/landlord own the space and if not can you have title to it?

      Reply
  31. Comment by Martin Dingle posted on

    Hi, my grandfather owns a fairly large property adjacent to a canal. When he purchased the land he was informed he owned the land right up to the canal as the canals and rivers trust clearly stated that their boundary was along the canal edge and did not include the bank. My grandfather has enjoyed the use of this area of land as well as his own garden since the late 80's. Nobody else has access to this land. Recently we have looked at registering for a canal berth and checked again with the canal and rivers trust where their boundary was and they sent an actual map defining their boundary at the waters edge adjacent to his land and also sent us the necessary forms to apply - they were happy for us to do so. However at some point when my grandfather sold another part of his land the boundary was re-issued and at that time they left a bank along the canal (coinciding with some trees he planted at the edge of his garden, there has never been a fence). Now we are not able to apply for a canal berth until the canals and rivers trust have proof he owns this land. How do we go about getting his deeds checked and altered to include this narrow strip of land (only a few metres wide by 20m long). At the minute there appears to be unregistered strip between his garden and the canal which nobody else can access and the canals people have said isn't theirs.

    Reply
  32. Comment by Neil posted on

    Afternoon

    We're currently buying a flat in a leasehold property that borders a council owned park. When we received the title plan from the Land Registry we noted that the boundary ran along the edge of the property wall, not the edge of the balcony as noted on the original architects plans included within the lease. Our solicitor believes this is probably a simple mistake but is there anything we can do to expedite resolution of the title plan between the leaseholder and the council?

    Reply
    • Replies to Neil>

      Comment by AdamH posted on

      Neil - you need to rely on your solicitor here. If the 'mistake' is being rectified by an application to amend the register, then the seller's solicitor can contact us to ask us to expedite the process

      Reply
  33. Comment by julie and john roberts posted on

    Hello Adam
    We recently agreed with our neighbours that a ditch which bounds our property and the adjoining field belongs to us and have fenced it accordingly and I have an email from our neighbours confirming that we are all in agreement that the new fence is the boundary . However talking to a land surveyor on a different matter he said we should register this with the land registry to ensure that if the field was ever sold there would be no dispute.
    We are not sure if it is necessary to take any further action but have now read on your site about form AP1
    Is it necessary to complete AP1 or could we just write to the land registry and send a statement with plan signed by both parties?
    If we do need to complete AP1 is this is something we can complete ourselves or do we need a solicitor?
    We would appreciate your advice

    Reply
  34. Comment by Jamie Mcglade posted on

    Hi, I need to establish who owns a piece of road! The road in question is a previously owned council estate, the road had council garages built on it (they have now been knocked down) and it also has a sub station, however both the highways agency and council are both claiming they don’t own the road, however someone has been maintaining the road over the years
    I would appreciate your advice thanks

    Reply
    • Replies to Jamie Mcglade>

      Comment by ianflowers posted on

      Jamie - You may be able to check online to see if the road is registered with us - https://www.gov.uk/search-property-information-land-registry .

      Select the Map enquiry option and use the road or a nearby road to search, and once you get a map of the area, change the options at the top of the map from Ordnance Survey Map to Birds Eye View. This should enable you to search the land you are interested in more clearly.

      Once you have identified the land concerned, zoom in on the map until you are able to use the 'Find properties' button on bottom left corner of the map. Click on the area that you are interested, which if the land is registered with us, will then list details of land / property information available. Once you decide which one you require and click Purchase, you will then need to register yourself as a new user. You will require a valid email address and a password for this.

      Register yourself as a user and then follow the process for payment. Once the payment has gone through, the title register showing the current registered ownership that you have purchased will be available in PDF format for you view. You will need to save the document on your equipment if you wish to retain it for future reference.

      However the roadway may not be registered with us. This does not mean that no one owns the land, merely that there has not been an event such as a sale of the land which would trigger registration with us. This is often the case with land such as roadways that may not have an intrinsic value on their own. We do not hold any information on the ownership of unregistered land.

      Other possible sources of information on unregistered land include:
      • National Archives – http://www.nationalarchives.gov.uk,
      • County record offices, and
      • Local libraries.

      I hope this of some assistance to you.

      Reply
  35. Comment by Tracy Kacperski posted on

    Mypartner bought a house in 2007 which he gave to me as a gift of deed in 2008. I am trying to sell the house but have just been told that my garage which is at the end of my garden actually goes into my neighbors garden.
    Nobody has ever picked up on this before, not us or the neighbors.
    The garage is very old looking.
    I have no way of finding out when it was built or who by.
    The council say there was no permission for it.
    Can you help me

    Reply
    • Replies to Tracy Kacperski>

      Comment by ianflowers posted on

      Tracy - I should mention firstly that we register ownership of land rather than the buildings on it. You could check the title plan for your property and also that of your neighbour - https://www.gov.uk/search-property-information-land-registry which will show the properties' general extent, but bear in mind that it will only show the boundaries' general position as the exact position of legal boundaries is left undefined. The title plan(s) will also usually be dated in the bottom right hand corner which may be useful in dating the garage.

      It is possible that the registered boundary (reflecting what is shown in your deeds) differs from what is on the ground. If that's the case, you may want to consider getting independent legal advice, for example from a conveyancer such as a solicitor, as to the way forward and the possible options open to you.

      I hope this is of some assistance.

      Reply
  36. Comment by Anne Glencross. posted on

    Annie from Ilkley 2 April 2018
    I live in an old terraced house about 300 years old. At the rear of the house is a genuine dry stone boundary wall (not a Party Wall) which separates my property from the house next door.
    There is no boundary on the deeds of either house.
    I have lived in the house for over 30 years and the wall was there when I moved in and there has been no alteration to the wall during this time.
    The adjoining house has been sold recently and I have letter from the new owner stating that the wall and the soil below the wall belong to me.
    Dry stone walls are wider at the bottom than they are at the top because that’s the way they are built. We and the previous owner of the house next door had always assumed that the wall was the boundary.
    Recently my new neighbour has written to say that the lower part of my wall is trespassing on this land.
    What do you think?

    Reply
    • Replies to Anne Glencross.>

      Comment by ianflowers posted on

      Annie - you say that there is no boundary on the deeds, but if registered, the title plans for your property and your neighbour's will show the general extent of your properties. That said, they will only show the general boundary position as the exact position of legal boundaries is left undefined. So, for example, they will not show whether the legal boundary line falls in the middle or either side of a physical boundary. Property deeds may sometimes refer to the ownership of physical boundary structures, but this is generally only a guide.

      In a dispute situation, the first step would be try and resolve this with your neighbour, giving regarding to any evidence that is available. As mentioned in the blog, ultimately if there is no agreement the dispute may have to be resolved in other jurisdictions such as the courts. As also mentioned in the blog, organisations such as the Royal Institution of Chartered Surveyors (RICS) (helpline: 02476 868555) may be able to assist.

      You may also want to consider getting independent legal advice, for example, from Citizen's Advice or a conveyancer such as a solicitor.

      Reply
  37. Comment by vpg posted on

    I'm in a council property my neighbour is private renting and when I moved in the council said they wouldn't touch the 17ft hedge between us both. next door had a fence on their side of the hedge and I've cut the hedge down to the floor to realise their are 1 ft tall concrete posts that I wanted to put a fence in front of. next doors landlord said the hedge is ours and the boundary is the concrete posts so if I wasn't to put a fence on my side of the concrete posts leaving the posts on show in next doors garden is that an actual problem? the hedge was put in inbetwee these posts so does it matter if I'm putting a fence up in front of my hedge that has been cut to ground level??

    Reply
    • Replies to vpg>

      Comment by AdamH posted on

      Vpg - we provide the registered details and suspect deciding whether the issue faced is a problem is only one you and your neighbour can decide upon. If you put a fence up on your own land then that maybe something to discuss and formalise with the neighbour to ensure that you are both aware of and in agreement as to where the boundary actually lies. Neighbours can change but somehting you may wish to also make the council aware of

      Reply
  38. Comment by Hayley Wakeford posted on

    I have recently purchased a house which has a separate garage which has 4 different garages on the block. In front of the garage is an allocated parking space. Previously someone has fenced off the the side of the garage which on the title deeds shows that the land is mine. Somebody has also laid a path on the land to gain access to the school which is also shown as my land. What should I do, as I assume the council have laid a path through the land but haven’t actually got the rights to do so.

    Reply
    • Replies to Hayley Wakeford>

      Comment by AdamH posted on

      Hayley - it's l;egal advice you need here if you intend to challenge any of the works done or use of the land. You can check the registered details to confirm ownership/rights etc and it seems you have done this. Anything else will really rely on legal help

      Reply
  39. Comment by anthony corkin posted on

    I have a property which neighbours a church and its cemetery. my house was built circa 1960 and the land its built on is made up ground which uses a boundary bank that belongs to the church to support my property and gardens.
    so my house and the land it is on is about 5 foot higher than the land next door in the church cemetery. I bought the house approx. 20 years ago.
    I planted a fir hedge in my garden about a foot in from the boundary bank. there was when I bought he house a panel fence along the edge of my property adjoin the boundary bank. the boundary bank was about two foot wide and ran the length of my property about 40 feet.

    about seven or eight years ago the church commissioned their gardeners to cut back all the vegetation that was on the side and top of the boundary bank.
    this left the bank exposed and I realised over time that the bank was eroding with weathering.
    the gardeners have been stripping the vegetation back over the past years despite me asking them to leave some to hold the bank earth in place.
    the bank is now so eroded that it has washed down into to cemetery partially covering some of the graves.
    the panel fence that was on the edge on my property adjoining the retaining boundary bank gave way and fell into the church cemetery.
    the gardeners are now cutting the fir hedge that I planted in my garden as the original boundary bank is washed away. the roots of my hedge are now exposed and its not long before they fall into the church cemetery.

    my house is about two metres in from the edge of the boundary, as its built on made up ground I'm concerned that with continued erosion that my gable end is at risk?
    also as the churches gardeners are now cutting the hedge I planted within my property I assume they are trespassing and have asked them to cease but the continue.
    I have contacted the local church vicar, and churchwarden who have ignored me, the churchwarden just said we don't have money to repair the bank?
    I contacted the diocese who said that their legal team were confident that the boundary bank belonged to the church but then said its nothing to do with them?
    there is currently no resident vicar at this church.
    what is the law regards my right to support from this boundary bank? what can I do or say to get the bank repaired and stop them cutting my hedge or denuding the bank of vegetation?

    Reply
    • Replies to anthony corkin>

      Comment by AdamH posted on

      Anthony - we can't give you legal advice and I would strongly recommend that you seek that from a conveyancer as to what options may be available. If you are looking for wider online comment then online public forums such as Garden Law can be useful resources re general comment and advice but it is specific legal advice you need here

      Reply
  40. Comment by Janine posted on

    Hello, we are looking at buying a property. The Council's Local Plan map shows that the boundary line used to be around 1-1.5metres x 7metres approx wider in the garden, going around where the neighbours garage sticks out. A fence was erected somewhere between 8-10 years ago. On Google Earth and other images, it shows the same. This has been fenced straight across instead, so losing a substantial strip of the garden. Would we be within our rights to move the fence back if the title deeds/plan show the same? Thank you

    Reply
    • Replies to Janine>

      Comment by AdamH posted on

      Janine - we can't advise you on what you can or cannot do re your boundaries and I would strongly recommend seeking legal advice before doing anything. If the property footprint does not match the registered extent that is something generally raised wiht the seller in the first instance to clarify.

      Reply
      • Replies to AdamH>

        Comment by Janine posted on

        Hi Adam, having done some digging (figuratively speaking) already, the fence was put up before the current owner bought it, so I don't think they'll know anything. Any other ideas, mainly on how to prove or disprove it? Thanks, Janine

        Reply
        • Replies to Janine>

          Comment by AdamH posted on

          Janine - all you can do is try and piece the jigsaw together with local knowledge/awareness and then compare the registered extents with the reality on the ground. Fences are moved for a wide variety of reasons but that does not automatically translate to land being lost/gained as that really only happens over time. The only time that is really challenged is if anyone notices or someone looks to claim land that they ahve then occupied for a number of years. So the key is identifying what's changed, why and how long it has been like it - then speak to a solicitor as to what options are available and how you can prove/disprove anything

          Reply
  41. Comment by Jane posted on

    Hi.
    I have a joint boundary with my semi detached neighbours. (However it has never been confirmed who's boundary it is to maintain?) And can not find this at the land registry.
    8 years ago the adjoining fence panels needed replacing, next door wanted to start replacing one by one when they could afford it. As I was having fencing work done in other areas of my property at the time I offered to pay for all the fence panels to be replaced on our joint boundary line, with a comment that if they moved out their house they made it clear to new owners, I owned the fencing and had paid for it to be replaced, so I was not to see the fencing being removed after I had just paid out for it all.
    3 years after they 'spray' their side of the fence, causing damage to my property. Spray over my dining room window, new extension soffit/facia/guttering. Spray all over the length of established planting, shrubs and trees my side of the fence!
    After a polite conversation with them about this, 3 years after(2 years ago) they 'spray' the fence again, a different colour. No spray on my house, however spray again over my planting, killing off two established shrubs, after them slowly recovering from the last attack,also the tree bark infected again, where the tree has now totally died off this past 18 months.
    I want to put some type of fencing screen up to the existing fencing posts on my side, approximately 6" higher than the existing fence panels. The panels are not currently at 6' high, they are lower.
    As next door feel it is ok to hand paint the top of the fence line, (which is fine) but spray the rest, (not fine), refusing to accept that spray still gets through the lower panels causing damage, I want to put the screening up to prevent further damage, as maybe again this summer will see the sprayer coming out!
    The screening will be something like Rattan or willow, maybe at a height of 6.5'. Do I need planning permission for this? There is no talking to the neighbours.

    Reply
    • Replies to Jane>

      Comment by AdamH posted on

      Jane - you'd need to contact the relevant local authority to see if planning permission is required

      Reply
  42. Comment by Angela posted on

    We are in the process of buying a property that was built by the owner in the early 50's. It was built on a plot of land that was then divided into two and a relative built their own property also. In the documents that we have, including a signed document which shows the gifting of the land to the relative the boundary line is straight. However over the years, they have each encroached the boundary through mutual consent which has ended with a dog legged boundary being registered by the relative with land registry. Solicitors have looked into this and have asked them to transfer the land to the estate to bring the boundary back to its original straight line, and the estate will transfer any land back to them. However, they are now refusing to do so. Which document stands as being correct, the original deeds, or the altered registered with yourselves? How do we resolve this?

    Reply
    • Replies to Angela>

      Comment by AdamH posted on

      Angela - if the title was registered on the basis of the deeds and the 'gift' you mention then that will be correct. Much may depend on how the title was registered and whether the 'gift' was in the form of a legal deed or whether the relative claimed it.
      I assume your purchase is of the unregistered remainder and if so presumably the original deeds/documents confirm the seller's ownership of the remaining and as yet unregistered land. I'd suggest discussing it further with your solicitor as presumably there is a reaosn for them wanting the land transferred and then transferred back again, which based on what you have posted here seems like 'extra' work unless there is perhaps a gap of some sort in the deeds/documents involved

      Reply
      • Replies to AdamH>

        Comment by Angela posted on

        The boundary line between the two properties in the deeds that we have for the property we are purchasing is a straight line. The two family members each encroached each other's land by mutual verbal agreement, to their own advantages. None of this was in writing, however in 2006 the relatives property was registered with yourselves for whatever reason and shows that they have part of our land and we have part of theirs but with no written documentation that I know of to support this. Because our property is unregistered though it has resulted in the bit that was used by this property as being 'no mans land'. It does seem like a lot of work to resolve this which is why I asked if it is the original deeds or the register with yourselves that would stand as the legal boundary. Can we put it to land registry that we think the boundary is wrong, and therefore revert it back to the straight line without all this additional work?

        Reply
        • Replies to Angela>

          Comment by AdamH posted on

          Angela - the registered title defines the registered extend and general boundaries. I would suggest that you make enquiries as to the basis upon which the registered title was created as this should fill in some of the gaps here. If nothing was in writing and mutual agreements made that would not, in my experience at elast, equate to the scenario as described. You can apply to correct what you believe to be an error but it seems to me you need to establish what error has been made here as it seems that is unclear as you do not know on what baqsis the registered title extent was created.
          I would suggest completing our online contact form to ask what details we have on record and then applying for copies of these as appropriate
          https://www.gov.uk/guidance/contact-hm-land-registry

          Reply
  43. Comment by Kathy A posted on

    My neighbours have erected a new fence which encroaches onto my land and the communal land of the private development I live on (but they do not). When I had a new fence 5 years ago, I erected it within my boundary, and due to fence panel size, a small corner of my land ended up outside of the fence. I never considered this to be anything other than my land, despite not being contained within my fence. Their new fence has been moved out to meet my fence post, thereby taking that corner into their garden. There was no discussion or warning of this new fence, and I have not yet had a chance to discuss it with them. The boundary is clear on my deeds. But surely my fence line cannot be assumed to be my boundary simply because it’s not square? What should I do first? Has this complicated any potential house sale in the future?

    Reply
    • Replies to Kathy A>

      Comment by AdamH posted on

      Kathy A - the first step is to consider whether you need legal advice before approaching y0our neighbours to resolve the matter. A fenceline or any physical feature cannot be assumed to be the legal boundary as they can be moved so that is correct. However if you put a fence up inside the perceived legal boundary there is always a risk that someone may assume that is the legal boundary and act accordingly. The key here is to now discuss this with your neighbour, explain and share understanding over what has happened and why and look to resolve it.

      Reply
  44. Comment by Chequetere posted on

    I'd like to repair one of the boundary walls in my front patio which is currently leaning towards one side. I'm pretty sure it's mine but the property title does not specify boundary ownership. However, this wall:
    -Is built with the same bricks that my front wall and second side wall are built with, which are completely different from the bricks my neighbour's front wall, pier and other side wall are built with.
    -Starts at my front pier (even though the neighbour has a pier as well, the wall is on attached to my pier).
    -Seems to end at the front of my house, but about 60cm or so of this 6m-long wall are attached to a front porch my neighbour has (there's no need for me to touch that section of the wall to repair it).

    Can I claim ownership of the wall based on the three facts mentioned above and proceed to repair it without previous consultation with my neighbour? Many thanks

    Reply
    • Replies to Chequetere>

      Comment by AdamH posted on

      Chequetere - we can't answer that for you I'm afraid and I would recommend that you do discuss and agree a way forward with your neighbour before undertaking any works. As the article explains the registered details can help but they are rarely definitive re such matters and assumptions should not be made where details are lacking or uncertain.

      Reply
  45. Comment by Paula posted on

    My boundaries are clearly shown on my deeds and these are not in dispute. However for the past 29 + years I have accessed my side Garden! This being the other side of my fence, to the side of my property via the Cul de Sac next to my property however I have been informed that I am now trespassing by a resident in the Cul de Sac! Ridiculous as this piece of garden has always been well maintained by me at my my expense and they have never complained before. It appears the small driveway/Cul de Sac is an unadopted road! They refer to it in either terms..so I can No longer tend to the Garden without Tresspassing. I would like to move my fence out to my boundary line which would bring the Piece of garden into my back garden, I’m looking for advice if I can move your fence without any issues as this is clearly my land, and I would be no longer trespassing or being subjected to abuse from this neighbour! I am outraged by the ridiculous situation, my new fence would not enter into any land that I don’t own, it would be within my boundary area. Any advice would be welcome Thank you.

    Reply
    • Replies to Paula>

      Comment by AdamH posted on

      Paula - it's legal advice you need here as to what your options are. We can provide the registered details which will show the general boundaries for example but you need advice on how to deal with the neighbour(s) and what rights you/they have here

      Reply
      • Replies to AdamH>

        Comment by Paula posted on

        Thank You, I have contacted the local council, whom have been very little help! I have a copy of my title deed as held by Land Registry. It’s all a bit silly, and I fear going to become expensive. Getting an answer from the local council is a minefield, they suggested I should obtain a certificate if lawfulness when I move the fence, yet more expense...Thank you again.

        Reply
  46. Comment by Gavin posted on

    The gate to the alleyway that leads around the back of a row of 10 terrace houses that provides access to these properties is hanging off and all ways open providing no security who owns this gate and is therefore liable to fix please help

    Reply
  47. Comment by Emilie posted on

    We bought a property in 2010 which included an area of unregistered land within the boundary. We understand from neighbours that the previous owners moved the boundary to include this area around 2006. We are now looking to submit an adverse possession claim to retain this area as part of our property. We have had no disputes about this from any neighbours. What I would like to know is what evidence we could submit to show when this area of land first became included within the current boundary line? Is there a data source that I can contact to obtain historical images or boundary maps?

    Reply
  48. Comment by Tommy Divers posted on

    Hi I Have semi detached house and my Neighbour has an extension built on the back of his house and its right on the boundary line but had to have his soil pipe remove so he could build onto the boundary line the thing is his tiles are hanging into my boundary and his gutter is obstructing my soil pipe I have contacted a solicitor and he says they are clearly encroaching into my property could they be made to move their wall back as this is in Scotland.

    Thank You

    Reply
    • Replies to Tommy Divers>

      Comment by ianflowers posted on

      Tommy - Scottish property law is separate from that in England & Wales which we cover so we won't be able to advise. Try https://www.ros.gov.uk/ or consider seeking further advice from a solicitor as to the options open to you.

      Reply
  49. Comment by deb posted on

    Hello, there is a stone wall that forms a boundary between land at the back of my house and my neighbour's garden. His garden is approx 2 feet higher than the land at the back of my house. Does that have any bearing on who is responsible for maintaining the wall? (There's nothing marked on the title deeds). I also don't own the freehold for the land at the back of my house, I simply have the right to 'pass or repass' over that land. Again, will that have any bearing on who is responsible for maintaining the stone wall that forms a border between my neighbour's garden and the land at the back of my house. Thanks for any advice you can give.

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      Comment by ianflowers posted on

      Deb - No, the height of the respective properties wouldn't have a bearing on the responsibility for maintaining a boundary structure. The boundary is essentially between your neighbour and whoever owns the freehold for the land at the back of your house. So that may affect any discussions that you may want to have regarding the maintenance of the wall.

      As mentioned in the blog, even where there is mention of a boundary structure in one of more the properties' deeds, this is only part of the picture, and it will essentially still involve the affected parties reaching an agreement as to the way forward. For example, agreeing to treat the wall as a party boundary where responsibility is shared.

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  50. Comment by Bibby posted on

    Hi, I have acquired a piece of line to the side of my property;an old coach toad). I now on the title although the lady 2 doors up has right of access and having lived there 40 years, thinks it’s hers . Which it’s not. I don’t wish to change anything, just have clarity on ownership. What should I do?

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      Comment by ianflowers posted on

      Bibby - we essentially have an administrative role and cannot advise on how to proceed where you disagree or are in dispute with your neighbour. Some of the options open to you are referred to in the blog such as contacting the Royal Institute of Chartered Surveyors.

      As to providing clarity of ownership, as mentioned in the blog, the title plans that we prepare show the general boundaries of the property and the exact line of the legal boundary is left undefined. These along with information in any conveyancing deeds may therefore assist with any discussion with your neighbour, but ultimately where there is no agreement, these matters may need to be resolved in other jurisdictions such as the courts.

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  51. Comment by Different Deb posted on

    We are purchasing a new build property and the plans show that our garden fence will be positioned some distance away from the actual property boundary i.e. a portion of our land/garden will be on the other side of our garden fence, but will also adjoin an open communal area. By not having the fence at the boundary, isn't this just asking for problems later? Are we right to be concerned that "our land" will just be seen as part of the communal area?

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    • Replies to Different Deb>

      Comment by AdamH posted on

      Deb - it may cause problems but that's not really an area we can advise you on so I would suggest raising it with your solicitor/the seller to clarify why the fence is positioned the way it is etc

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