How do I sort out boundary disputes?

Where to find property boundary information and responsibility for fences.

The first step is to establish the correct position of the boundary.

For a small fee, the Land Registry will be able to provide you with copy of the Title document or lease (referred to as an office copy) and a plan for any registered property. The plan will show where the boundary should be, although it will not show whose responsibility it is, if anyone’s, to maintain the boundary. You do not need to be the owner of a property to obtain these details from the Land Registry.

The plan should be definitive. However, if you think the boundaries are not defined in the document or that boundaries have been changed by agreement or encroachment, you will probably need to get legal advice from a solicitor.

If it is a clause of the title deed or lease to maintain a boundary, this will be shown on the office copy property register. The Land Registry may be able to provide further information if there is such a clause referred to on the register.

Old conveyancing documents/deed packs show boundaries drawn on plans as a series of Ts. The T will be on the side of the boundary of the person with responsibility for that boundary.

Unfortunately, the Land Registry no longer produces its plans in this format. However, some historical documents are retained by the Land Registry and you may be able to obtain these on request.

Fences

Generally as a property owner you do not have to erect and maintain any type of barrier - fence, trellis, wall, railing - around your property, and you cannot enforce your neighbour to erect or maintain a barrier on theirs. There are some exceptions to this including:

• where there is a clause in the title deed or lease
• the property is next to a street and may cause danger
• the land is used for dangerous purposes such as storing chemicals
• a barrier is necessary to prevent animals other than domestic pets from straying.

The owner of the barrier can use it as they wish, without the neighbour’s consent, providing it is safe. The neighbour has no rights over the barrier, for example they can not use it to support trailing plants without the owner’s permission.

Unless the barrier falls into one of the above exemptions, as a property owner you do not have to repair a barrier unless the title document or lease contains such an obligation. It should be noted however, that if the barrier causes damage or injury, your neighbour could take you to court for compensation.

If you need further help in resolving a dispute, call Luton Mediation on 01582 411 822 (please see separate factsheet about the role of Luton Mediation).

Full details, forms and advice are available from:

Neighbourhood Services
Town Hall
Upper George Street
Luton
LU1 2BQ

T: 01582 510 330
E: [email protected]
W: www.luton.gov.uk