If you disagree with your neighbour about the boundary between your properties – a wall or a fence, for example then there are a few things you can do to resolve the issue. If you are renting the property, you should ask your landlord if they will deal with it. Don’t make changes to walls or fences without your landlord’s permission. A good starting point is to contact the Royal Institution of Chartered Surveyors for advice on solving boundary disputes (contactrics@rics.org or call on 0247 686 8555)
Some Myths about boundaries
There are a few myths that you might have heard about property boundaries. Things like ‘you own the fence on the left or ‘a t-mark on a plan show that you own the fence’. Many of these commonly held beliefs have no basis in law. You can look at the Land Registry to get an idea of the property boundaries. Be aware that many Land Registry title plans do not establish the legal boundaries of the property. These only show general boundaries. These plans also have a degree of inaccuracy, and the thickness of the lines on the plan means they cannot show enough detail to be used as proof of boundaries. T-marks on plans might help to understand the ownership of boundary features, but they do not usually provide conclusive proof.
Agree with your neighbour
Often it is possible to resolve a boundary dispute through an informal discussion with your neighbour. If you are unable to talk to your neighbour or do not feel comfortable doing so, you can write to them or ask someone else to talk to them on your behalf. Keep a note of what you have agreed with them, as well as copies of letter and emails you send and receive. Once agreed you should record the detail, remembering to include who is responsible for maintaining a hedge, wall, tree, or fence between the properties. A boundary agreement cannot be used to sell or give away part of your land.
Your boundary agreement must include:
- your name and address
- your neighbour’s name and address
- the date the agreement begins
- the boundary you’ve agreed
You are also recommended to include:-
• a written description
• a copy of an Ordnance Survey map – you can draw or write on it to show the boundary or simply a map you’ve drawn yourself
The agreement can be recorded by filling in an application to change the register (AP1) www.gov.uk/government/publications/change-the-register-ap1. There is a £40 fee.
Apply to record the exact boundary
If your property is registered. You can apply for a ‘determined boundary’. Check your property’s title plan and register on the Land Registry to see if it already has a determined boundary. When applying for a determined boundary, you will need a plan showing the boundary. You should ask a chartered land surveyor to provide this. Contact the Royal Institution of Chartered Surveyors for assistance.
You will also need to include other evidence that supports your application, which may include certified copies of the deeds to your property, an expert’s report, or a written statement signed in the presence of a solicitor. An application for a determined boundary costs £90.
Doing work on a boundary wall or fence
If you want to do some work on a wall, structure or fence between properties, the steps you should take depend on the type of work you want to do. Walls between the two properties are usually ‘party walls’, which means you will need to take some steps – including informing your neighbour – before carrying out any work on them.
If you want to build on the boundary, work on an existing party wall or structure, or dig below and near the foundation level of the neighbouring property, you must inform your neighbour. This includes if you are building a new wall, cutting into a party wall, increasing or decreasing the height of a wall, or knocking down and rebuilding it.
You must give your neighbour written notice between two months and one year before you begin the work. Include details in the written notice of what you plan to do. Your neighbour can either give written consent to the work or service a counter-notice asking for additional works to be done at the same time. If they benefit from these new works, they must pay for them.
If you and your neighbour do not agree about the work to be done, you must appoint a surveyor (either jointly or each appointing your own). The surveyor(s) will create a ‘party wall award which says what work should happen, as well as how and when it should be carried out. If you do not agree with the award, you should appeal to the county court within 14 days of the award.
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