When a disagreement arises over a property or land matter, it can be stressful for everyone. However, knowing how to approach a property boundary issue could prevent a potential dispute. In this blog, we look at different types of urban and countryside boundary disputes.
Residential disputes with a neighbour
When a disagreement arises over a property or land matter, it can be stressful for everyone. However, knowing how to approach a property boundary issue could prevent a potential dispute. In this blog, we look at different types of urban and countryside boundary disputes.
Residential disputes with a neighbour
The most common types of boundary disputes involve neighbour disagreements. There are different situations that can arise when two neighbours share a boundary, as follows:
Works affecting a party wall
Using the example of a semi-detached house, two parties share a common wall, which is known as a ‘party wall’. When a neighbour carries out certain works to this boundary wall, they need to notify the other neighbour in advance. Such works are those that go beyond decorative jobs, for example, renovation work or extensions. There is certain legislation relating to boundary walls in the form of the Party Wall etc. Act 1996.
Altering a garden fence
Disagreements over garden fences are another common boundary dispute. There is a general misconception that a specific property owner automatically owns a certain side of the fence. In many cases, fences are considered shared boundaries, and in some cases, the property deeds may specify boundary ownership. Always discuss any planned alterations to a shared fence with your neighbour to avoid a potential dispute.
Pruning a high hedge
High hedgerows, usually a type of fast-growing conifer, can affect the amount of natural light coming into a neighbour’s property. When a neighbour prunes a hedge that is not growing within their own garden, this can lead to a dispute. If your home is affected by a high hedge, there are different options available. If the hedge is over 2 metres and your neighbour refuses to reduce the height, you could complain to your local council.
For more information on the above scenarios, please see our blog, How to resolve a neighbour dispute.
Commercial boundary disputes
Commercial boundary disputes can relate to both urban and countryside environments. We have listed a few common scenarios below:
Planned works affecting business premises
Where two parties share a party wall, the same legislation applies as above (Party Wall etc. Act 1996). The Act requires a building owner to give at least 1 month’s notice before works are due to start on a party wall or party fence wall. The adjacent business then has 14 days to provide a response from the date of the notice. Otherwise, the matter could be deemed as a dispute. An ‘agreed surveyor’ for both parties may then be appointed to provide details of the proposed works and compensation, if relevant.
Land boundary disputes
A common dispute is when two adjacent farms disagree over a land boundary. As farmland can often span hundreds or thousands of acres, certain boundaries may prove hard to identify using standard maps. Ditches and growing borders such as hedgerows can disguise or shift the perception of a land boundary. In these cases, we would recommend appointing a solicitor to check the deeds.
Alterations to hedgerows
There is legislation protecting hedgerow maintenance in the UK, which includes a cutting ban from 1 March until 31 August. The Management of Hedgerows (England) Regulations 2024 also includes a ban on using pesticides and fertilisers within a 2-metre buffer strip from the centre of the hedgerow. The RPA (Rural Payments Agency) is the body that enforces this legislation and you can find more guidance here.
If your business is facing a commercial boundary dispute, speak to our solicitors for guidance.
Property boundary dispute resolution
As dispute resolution solicitors, we often advise on property boundary issues for both residential and commercial matters. It’s important to know your rights and responsibilities before escalating a potential dispute relating to a property boundary. Always speak to a specialist dispute resolution solicitor with property law expertise.
At Salusbury Harding & Barlow, we regularly advise homeowners, landlords and businesses on how to navigate property and land boundary disputes. Our team will provide sympathetic, expert advice to help you resolve matters as amicably as possible for both parties.
If you need advice or you have a property boundary dispute, please get in touch. Email: andrewwhitfield@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment
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