Boundary Fence Disputes
Boundary fence disputes are a common issue among homeowners, property owners, tenants, and landlords. They can come about because of various concerns, like the exact location of the boundary line, the height or condition of the fence, or who is responsible for its maintenance. While these disagreements can be stressful and disruptive, understanding the law and available resolution methods can help you manage the situation effectively.
At Lawhive, our network of neighbour dispute lawyers is on hand to provide you with the information you need to resolve boundary fence disputes and protect your property rights.
Whether you're facing a boundary fence dispute or want to take steps to prevent one, we are here to help.
Contact us today to learn more about how we can assist you and get a fixed-fee quote for the services of a specialist lawyer.
What is a boundary fence dispute?
A boundary fence dispute can come about when two neighbouring property owners disagree over issues related to the fence that separates their properties.
Common causes of boundary fence disputes
Boundary fence disputes can arise for various reasons, including:
Uncertainty over where the property boundary lies and disagreements over where a fence should be placed;
When a fence is built over the boundary line, extending into a neighbour's property;
Disagreements over who is responsible for maintaining or repairing a boundary fence;
Differing opinions on the height, style, or materials used for a boundary fence;
Miscommunication or lack of agreement before installing a new fence;
Roots or branches from trees, shrubs or other landscaping features encroaching on the neighbouring property or damaging the fence.
Boundary fence disputes and the law
There are several laws and regulations that govern boundary fence disputes, including:
Land Registration Act 2002
The Land Registration Act 2002 requires that all property transactions be registered with HM Land Registry.
Documenting boundaries makes it easier to determine where the property begins and ends. However, the exact position of a boundary on the ground may not always be clear, leading to disputes that require further legal resolution.
Party Wall Act 1996
The Party Wall Act 1996 sets out the legal rights and obligations of property owners when they're undertaking work that might affect a shared wall or boundary structure.
It can apply to boundary fence disputes when the fence is shared or attached to a wall that forms part of the boundary between two properties.
As such, if you are planning to build, alter, or repair a fence that is attached to or near a party wall, you may need to follow the process outlined in the Party Wall Act.
Property boundaries and legal ownership
Property boundaries are the invisible lines that separate one property from another. These boundaries are typically marked by physical features such as fences, walls, or hedges. However, disputes can come about when these features don't align with the legal boundaries, or when the boundaries are not clearly defined.
The legal boundaries of your property are usually outlined in your title deeds and associated plans, but they may not always be precise. In some cases, the exact boundary may need to be determined through further investigation or by agreement with your neighbour.
Disputes over fence ownership
One of the most common boundary fence disputes involves questions about who owns the fence.
Ownership can determine who is responsible for maintenance, repairs, and even decisions about changes to the fence. However, if ownership is not clear, it can lead to disagreements.
Disputes over fence placement
Another common boundary fence dispute can arise over the exact placement of a boundary fence.
If a fence is placed too far onto one property, it may encroach on the land, effectively reduing the usable space for the property owner. This can be particularly contentious if it involves valuable land or affects access.
Often, these disputes can be resolved by referring to the property's title deeds or through a professional surveyor. But, if an agreement can't be reached, legal action might be necessary.
Disputes over fence height and design
Neighbours may have differing opinions about the height, style, or materials used for a boundary fence.
Local planning laws often set height restrictions for fences, especially those facing a road. However, disputes can happen if one neighbour wants to build a fence taller than what is allowed or what the other neighbour considers reasonable.
Differences in taste or practical needs can also lead to disagreements over the design of a fence. For example, one neighbour might want a solid fence for privacy, while the other prefers an open design for better light and visibility.
Maintenance and repair disputes
Even when a fence's ownership and placement are agreed on, disputes can still arise over who repair and maintenance.
Neighbours may disagree on how often maintenance should be done, the quality of repairs, or the cost involved if both parties are responsible for its upkeep.
Alternatively, if one party neglects their responsibility to maintain or repair the fence, it can lead to problems, particularly if the fence's condition starts to affect the property. For example, the fence falls over or allows animals to pass through.
Whatever the cause, boundary fence disputes can be emotionally charged and escalate quickly. Our network of experienced boundary fence dispute lawyers is on hand to offer clear, practical advice on your rights and obligations if you're dealing with a dispute over fence ownership, placement, design, or maintenance.
Contact us today for a free case evaluation and quote.
How to resolve a boundary fence dispute
Boundary fence disputes can be a significant source of stress and tension between neighbours, but they don't have to be. By taking the right steps early on, it's often possible to resolve the problem amicably and avoid the need for legal action.
Below is a step-by-step guide to the different methods for resolving boundary fence disputes.
1. Communication and negotiation
The first step in resolving any boundary fence dispute is communicating openly with your neighbour as soon as the problem arises, approaching the discussion with a positive attitude and a willingness to listen.
Delaying the conversation or leading with confrontation can cause frustration and make the dispute harder to resolve.
Remember that your neighbour may have different perspectives or concerns. So, instead of sticking rigidly to a specific outcome, try to understand the underlying interests of everyone involved and be willing to compromise if necessary.
If communication and negotiation fail to resolve the dispute, mediation can be an effective alternative that helps preserve relationships between neighbours, which can be especially important in close-knit communities.
3. Legal action and court proceedings
If all attempts at communication, negotiation, and mediation fail to resolve your boundary fence dispute, legal action may be the only option left to resolve the dispute. However, this should be a last resort because of the time, cost, and potential strain on neighbourly relations.
If you are considering issuing court proceedings, speak to a solicitor to assess the strength of your case and the likely costs and benefits of pursuing legal action.
Potential outcomes and remedies a court may offer include:
Issuing a ruling that clearly defines the boundary between properties;
Granting an injunction, ordering one party to take specific actions or stop certain activities related to the fence;
Awarding damages to compensate for any financial loss or hardship caused by the dispute.
For expert advice on how to resolve a boundary fence dispute, contact us today. Our network of solicitors offers clear, practical advice on your rights and can assist with mediation, negotiation, or represent you throughout court proceedings if legal action is necessary.
What are my rights if my neighbour builds a fence on my property?
If your neighbour has built a fence on your property, it may be considered an unlawful encroachment or trespass and you have the right to ask them to remove or relocate the fence to its correct position.
To confirm that the fence is on your property, you may have to commission a professional boundary survey. This will provide clear evidence of where the legal boundary lies and can be very important if the dispute escalates.
Before taking any formal legal action, however, it's best to speak to your neighbour. They may not know their fence has encroached onto your property, and a police conversation could lead to a quick, amicable resolution.
If this doesn't work, or your neighbour refuses to move the fence, a solicitor can help you draft and send a formal letter, clearly outlining your rights and requesting that the fence be removed or relocated.
As a last resort, you may need to apply to the court for an injunction to have the fence removed or seek damages for any loss caused by the encroachment, like compensation for the loss of use of your land.
Can I remove my neighbour’s fence if it encroaches on my land?
Legally, if a fence is on your property without your permission, it may be considered encroachment or trespass. However, while it may be tempting to remove the fence yourself, it's advisable to approach the situation carefully and through the proper legal channels.
If you remove the fence without your neighbour's consent or a court order, you could be accused of criminal damage or trespass, depending on the circumstances, which could lead to legal action against you.
The best approach is to resolve the matter through negotiation, mediation, or legal action, rather than taking matters into your own hands. A solicitor can help you understand your rights, assess the situation, and guide you on the best course of action that'll avoid escalating the dispute unnecessarily.
How high can a boundary fence be without planning permission?
In most cases, you can build a boundary fence up to 2 metres (about 6.5 feet high) without planning permission.
However, if the fence is adjacent to a highway (including the footpath), the height limit is reduced to 1 metre (about 3.3 feet) without planning permission to maintain visibility for drivers and pedestrians, reducing the risk of accidents.
If you want to build a fence higher than the permitted limits, you will need to apply for planning permission from your local council.
What should I do if my neighbour refuses to repair their fence?
If your neighbour refuses to repair their fence and you're concerned about the impact on your property, you may consider repairing or replacing it yourself.
This option should be approached with caution and it's wise to consult with a solicitor before doing so as repairing or replacing a fence on your neighbour's property without permission could lead to further disputes.
If you do decide to repair the fence yourself, consider offering a formal agreement to your neighbour to make sure there are no misunderstandings.
If these avenues don't bear fruit, you may have to apply to the court for an order requiring your neighbour to repair the fence or seek compensation if the fence's condition is causing damage to your property.
Can I paint or hang plants on my neighbour's fence?
If the fence belongs to your neighbour, you don't have the automatic right to paint it or hang plants on it without their permission, even though the fence may face your property.
The best approach is to ask your neighbour permission before doing so. They may agree to the change, particularly if it enhances the overall appearance of both properties.
If they do agree, consider putting the agreement in writing to avoid any misunderstandings later on.
If your neighbour is not comfortable with you painting or hanging items on their face, it's important to respect their decision.
If you've already made changes and a dispute arises, a solicitor can help you understand your rights and advise on the best course of action.
How can I determine the exact boundary line of my property?
While physical landmarks, such as existing fences, can often give you a good idea of where the boundary lines of your property are, they may not always align perfectly with the legal boundaries.
Most title deeds come with a boundary plan that outlines the property's limits. However, they often provide a general indication of the boundaries rather than an exact measurement, and they can vary in scale and detail.
In some boundary plans, you might find 'T' marks along the boundary lines. These marks indicate who owns the fence or wall along that boundary. So, if the 'T' mark is on your side, you are responsible for that boundary.
If your title deeds are unclear or you don't have them, you can request a title plan from the Land Registry, as well as a title register, which can provide further details about your property, including ownership and legal restrictions.
For the most accurate determination of your boundary lines, a surveyor can measure your property and provide a detailed map showing the exact boundaries. Their findings can be used as evidence in resolving boundary fence disputes and are often considered authoritative in court.
How to avoid boundary fence disputes
Boundary fence disputes are stressful and time-consuming, but many of these conflicts can be prevented with some proactive measures, such as:
Talking to your neighbour before starting any work such as installing, replacing, or making changes to a boundary fence;
Addressing concerns respectfully and calmly;
Documenting any agreements with your neighbour about a fence in writing;
Commissioning a professional boundary survey for clarity over boundary lines;
Regularly checking the condition of your boundary fence;
Agreeing on maintenance responsibilities with your neighbour if a fence is shared;
Addressing issues, such as storm damage or rot, promptly.
How can a solicitor help with boundary fence disputes?
Whether you're dealing with a disagreement over fence placement, maintenance responsibilities, or ownership, a solicitor can provide invaluable assistance in resolving the issue.
Expert legal advice
The first step in resolving any boundary fence dispute is to understand your legal position.
A solicitor can review your property's title deeds, boundary plans, and any other relevant legal documents to determine who owns the fence and who is responsible for its maintenance. This clarity can often resolve disputes quickly.
Depending on the nature of your dispute, a solicitor can also explain the different legal options available to you and advise on potential outcomes and risks associated with each option.
Communication and negotiation
If you're finding it difficult to communicate directly with your neighbour, a solicitor can act as a neutral thrid party, presenting your case clearly and professionally while working towards a solution that is acceptable to both parties.
If an agreement is reached, your solicitor can draft a formal written agreement that outlines the terms. This can prevent future misunderstandings and provide a clear reference if any issues arise later.
Depending on the circumstances, your solicitor may recommend mediation or other forms of alternative dispute resolution to resolve the dispute without going to court.
Legal representation
If legal action is necessary, a solicitor can represent you through the process. They will prepare and file the necessary documents to initiate court proceedings and, in court, they will present your case, provide evidence, and argue on your behalf to achieve the best possible outcome for you, whether that involves enforcing a boundary agreement, seeking an injunction, or claiming damages.
If the court rules in your favour, a solicitor can also help enforce the court's decision, making sure that the boundary fence is repaired, removed, or relocated as required.
Preventing future disputes
As well as resolving disputes, a solicitor can help you prevent future boundary issues by reviewing and updating your property documents to make sure they accurately reflect the agreed boundaries.
Why choose Lawhive?
Even with the best intentions, boundary fence disputes can still arise. If they do, having the right legal support can make all the difference.
At Lawhive, our experienced network of solicitors is here to help you handle disputes and protect your property rights.
Our solicitors provide clear, practical advice on how to resolve boundary fence disputes and can help draft and review agreements with your neighbour to prevent future disputes.
Contact us today to learn more about how we can help you maintain positive relationships with your neighbours, or protect your property rights.