Aroundtown Magazine July/August 2022

LEGAL
Legal
talk
With Elmhirst Parker Solicitors
Pushing the boundary on
neighbour disputes
Everybody needs good
neighbours... But sometimes
there is little understanding and
neighbours don’t in fact become
good friends.
When moving into a house, you can’t choose
who lives next door. In most cases, neighbours
get on like a house on fire. But when issues over
boundaries ignite, bridges can be burnt, and
relations failed to be rekindled from the embers.
Most neighbour disputes are due to a
fence, hedge or extension that is believed to
be encroaching on one party’s land via the
boundary. In reality, boundaries are just invisible
lines between two properties that have the
ability to create hostilities between seemingly
pleasant people.
But what is a boundary in
legal terms?
There are many myths surrounding boundaries
that have no basis in law. For example, many
people believe that when facing your property, the
boundary to your left is yours. But this isn’t always
true. Also, the Land Registry doesn’t establish
your legal boundary and a T-mark doesn’t equate
to ownership.
The only way to establish which boundary/
ies are yours is to consult the title deeds which
a conveyance or litigation disputes solicitor can
help with.
What about fences and
hedges?
Fences and hedges can become
troublesome boundary features when it comes to
maintenance because both parties may believe
that they own their side and so are entitled to alter
as it they wish.
In other cases, you may believe a fence
or hedge is a shared responsibility yet your
neighbour refuses to do their fair share of the
upkeep. Sound familiar?
“
Many people are
unaware they are not
permitted to even paint
the side of the fence
facing their property
without permission.
”
However, unless both neighbours specifically
paid for the fence or planted the hedge together,
then it is more likely that ownership lies with just
one party. Who legally owns it will usually depend
on whether the boundary feature is on your land
and if you or a previous owner installed it.
If this fence or hedge belongs to your
neighbour, then you do not have any legal rights
to make alterations. Many people are unaware
they are not permitted to even paint the side of
the fence facing their property without permission.
You should also never change, remove or add a
divider without consulting your neighbour first.
But it’s blocking the light...
Unfortunately, you don’t have the right to
light or a view in your garden. However, fences
and hedges in the rear garden should be kept
to a maximum of two metres tall so not to affect
your neighbour’s reasonable enjoyment of their
property.
What if a neighbour tries to
claim the land is theirs?
Your neighbour is not allowed to build anything
on your property without your permission. If you
believe that your neighbour is encroaching on
your land, whether through the planting and
growth of a new plant or the erection of a fence or
other boundary feature, then you can seek legal
advice and have a boundary dispute solicitor
ascertain on who’s property the land falls on and
whether the boundary has been crossed.
More often than not, the encroachment is
disproportionate to the value of the land. Dispute
resolution can be costly if the case goes to court.
So how should you deal with
neighbour disputes?
First and foremost, you should always try
and resolve any disputes amicably. Talk to your
neighbour politely about any disagreements
you may have regarding a wall, fence or hedge.
You may find writing them a letter easier than
speaking face-to-face. If you would like to make
any changes to a boundary feature that you
don’t legally own, then you should always seek
permission first to avoid any repercussions in the
future.
Be reasonable, stick to the point at issue and
know the legal position, just in case. Be prepared
to compromise or share costs in order to keep the
peace.
Should this not solve matters or you fail to
reach a mutually beneficial resolution, there is a
pre-action protocol you can follow, the Boundary
Disputes Protocol, but which has no status in law.
If your neighbour is not co-operating with you
during your boundary dispute then you can seek
the help of a qualified land specialist solicitor to
legally determine your boundaries and resolve
your dispute.
*This is not legal advice; it is intended to provide
information of general interest about current legal issues.
• Civil litigation
• Residential conveyancing
• Family and matrimonial
• Probate and estates
• Wills • Lifetime planning
Speak to one of our experts on
01226 282238
17/19 Regent Street, Barnsley, S70 2HP
(also in Royston, Selby and Sherburn-in-Elmet)
www.elmhirstparker.com
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