Boundary Disputes: What You Need to Know

If you’re looking for a dispute resolution solicitor in relation to a boundary dispute but not sure what it might entail,  this one is for you.

Lara Marotta, CILEx Lawyer in the Dispute Resolution team at Woodfines, explains more.

What is a boundary dispute? 

It’s a disagreement between neighbouring property owners over the ownership or dividing line between their land. It could be a misplaced fence or wall, an encroaching extension or garage. 

“We receive a lot of enquiries regarding boundary disputes, but very few of them go to court,” says Lara. 

“It’s definitely an area that clients feel strongly about – emotions get high quite quickly, but we work closely with clients to take the emotion out, deal with the facts and assist to resolve matters as amicably as possible.”

Common triggers 

It could be as simple as replacing a garden fence or new neighbours moving in. 

“Often, neighbours have lived next door for decades, and the boundary line has never been questioned. But sometimes, it’s not until a property is inherited or purchased that the deeds are checked by the new incoming neighbour and issues with the boundaries arise.”

How to resolve a property boundary dispute 

“The easiest, and most cost-effective route is an amicable agreement, though unfortunately this is not always possible. Disputes can be quite stressful, with parties feeling strongly about their position. They can take longer to settle than initially anticipated by clients.” 

 A brief overview of  the Process 

• Attempt to discuss the issue with your neighbour. If an agreement can be reached, have a boundary agreement drawn up and lodged with the Land Registry. 
• Instruct Woodfines to assist. The Dispute Resolution team can assist with this type of matter, such as gathering all documentation and information, grasping the key issues, instructing a boundary expert to provide an expert opinion on the boundary line, advising you of your position, engage in negotiations with the other side, attend a mediation and progress more formally.
• If the matter is still unresolved, then Woodfines can assist throughout proceedings, where, at trial, the court will ultimately decide.

Once agreed, at any stage, an application can be made to the Land Registry to record a boundary agreement or deal with a transfer of land. 

“We always make every effort to try and resolve the dispute. Proceedings are lengthy and very costly. As a starting point, it is best to assess the boundary, instruct an expert if need be, but always keep in mind negotiating with the other side. This could result in attending a mediation to bring parties to the table to see what a mutually acceptable outcome might be, without the need for a trial.” 

Document everything. 

You might not think that you’ll have a dispute, but if you do, evidence is key. 

Deeds and official documents are a starting point, but photographs, videos and even copies of texts can sometimes be used as wider evidence of the historical position of the boundary.

“In a recent case, Cunningham -v- Holehouse [2026], physical features referred to or examined through photographs and witness evidence spanning over decades were considered alongside the conveyancing documents. Context and what a reasonable person would consider to be the case were also relevant. Sometimes it is not simply what is written down or reflected on the deeds. This case saw that measurements on the Deeds were indicative only and reliance was made upon parties’ intentions and what a reasonable approach would be,” notes Lara. 

The knock-on effect of a dispute 

Beyond the immediate disagreement, consequences can include:

• Aggravated neighbour relations
• Cost and risk of an unfavourable court decision, including adverse costs orders
• A duty to disclose any unresolved dispute to potential buyers, which can negatively affect saleability. 

Mistakes to avoid 

• Prevention is key. Check documents thoroughly 
• Tell neighbours of any upcoming work out of courtesy 
• Don’t put something in writing you’re unsure of
• Stay amicable and talk before escalating 
• Keep relevant documents and records of messages for example, even if you’re not currently part of a dispute 

Worried about a boundary dispute, or not sure where to start?

Rest assured, many disputes resolve without reaching court. If you feel unsure or worried about what to do next, or your neighbour is refusing to engage, contact the Woodfines Dispute Resolution team today to chat through your options.