Neighbourly boundary disputes. Something no home owner really wants to get involved in. However, despite this, they can and do arise.

This time of year typically sees an upsurge in these type of enquiries, as people are inclined to visit their local garden centres and car boot sales to purchase items for the garden. This may also include new fencing and boundary features, especially in a year such as this one, which has seen many a fence panel take a pummelling at the hands of Eunice, Franklin & Gladys.

When replacing boundary features, it’s often a good idea to let any affected neighbours know first. Most of the time, they will be happy. It solves a problem for them in some instances and let’s face it, looks better than a rotten old decaying piece of wood covered in 30 years’ worth of DIY fence paint. It’s often a good idea to let the neighbour know which line you intend to follow and get them to agree with this.

A long running Court case recently saw an Essex couple have to remortgage their home, after racking up costs predicted to reach £60,000.00 and losing, having disputed a 6 inch piece of garden following a fence replacement.

One of the issues with English Land Law, and this often concerns clients who have previously lived on the continent is that unlike some European countries, land measurements are not given on our Title plans. Instead, our title plans are intended to show a general shape, position and amount of land included with a title. Not at all helpful if your neighbour is complaining about exact measurements. However, in such instances, you could look for boundary markers for example, is it in line with the neighbours fence? Is it near a marked item such as a school or a pub?

When you purchase a Property, the onus is always on the buyer to confirm that the boundaries are correct. This is written in to the Contract under the Standard Conditions of Sale. However, some buyer’s solicitors can be very crafty in their approach and ask the seller’s to verify that their client has had sight of the title plan and that it is a true and accurate reflection of the physical boundaries of the Property.

Technically, a firm accredited under the Conveyancing Quality Scheme would be well within their rights to answer ‘your clients must rely on their own inspections’ or words to that effect and most conveyancers would accept this. However, sometimes, a seller can be concerned not to appear to covering up an issue, and so will answer ‘confirmed.’ This opens them up to all sorts of claims and issues later down the line should there be a boundary in an incorrect place or a dispute. Such responses if given should always be caveated to ensure that the onus remains with the buyer for inspecting such matters.

Boundary disputes could affect the marketability of your Property, even if this is not picked up by a buyer on viewing. Question 1 on the Property Information Form (PIF) concerns boundaries. Direct questions are asked as to who maintains boundary features, whether any have moved in the last 20 years and whether they are any disputes.

Clearly, if you are in a dispute, this must be disclosed here. Failure to disclose disputes or even potential disputes can land the seller in really hot water. It is therefore vital that before you get the claws out with the neighbour, you check whether the situation can be resolved amicably. Neighbour disputes can and do stop people selling their home. Let’s face it, how many buyers want to walk in to an immediately hostile neighbourhood?

Boundary maintenance can also be an issue amongst neighbours. Generally, the default position in English Law is that a party is responsible for maintaining a boundary if it falls on their land. If a dividing feature is along a dividing line, and therefore it falls on both sides, the feature is said to be ‘party’ or ‘mesne’ and therefore maintainable at equal expense. Although this is the general position, disputes have been known to arise where boundary maintenance is not properly agreed or documented between parties. For this reason, some more modern Transfer deeds are clear on who maintains which boundary.

Usually, what Conveyancers called ‘T’ marks are used, which is exactly that. The downward part of the letter ‘T’ points in to a boundary which that party must maintain. A single ‘T’ means it falls upon that owner. A ‘T’ in the neighbouring side means it falls on the neighbour and a back to back ‘Ts’ appearing to meet in the middle mean joint and several. This key is often explained in the text body of the Transfer itself. This can help to set out exactly who is responsible for what, especially in the early days of a development.

If you are concerned about a potential boundary issue on a property you are looking to buy or sell, please contact the team here at Eaton Smith as we may be able to help.

Please note that this article does not constitute legal advice; nor is it intended to. It is intended to provide a general overview with the situation with boundaries.