Articles

How can I avoid a boundary dispute?

Boundary disputes are rarely about a single fence panel. They’re usually caused by uncertainty, assumptions, and changes on the ground—a fence replaced slightly off line, landscaping that creeps over time, or building work that gets too close to the perceived boundary. The good news is that most disputes are avoidable if you take a few sensible steps early and keep everything evidence-led, calm, and documented.

Below is a practical, detailed guide to preventing boundary problems—whether you’re a homeowner, buyer, seller, or planning building work.


1) Understand the difference between a “boundary” and a boundary feature

Many people assume the fence is the boundary. Often it’s just a feature near the boundary.

  • A boundary is the legal dividing line between ownerships.
  • A boundary feature is what you can see on site—fence, wall, hedge, ditch, path edge, etc.

Fences get replaced, hedges move, walls are rebuilt. If you treat a change in a feature as proof of ownership, disputes become far more likely. The best prevention is to confirm what the documents and evidence actually indicate before any changes are made.


2) Check your title information early (before problems start)

If you’re planning a fence replacement, an extension, a driveway, or landscaping—check your documents first.

What to look at

  • Land Registry title plan (helpful starting point, but often “general boundary”)
  • title register (look for rights of way, covenants, shared access)
  • older deeds / transfer plans (often more detailed than modern title plans)
  • plans from previous sales packs (sometimes include extra sketches or notes)

Why it helps

You’re looking for:

  • whether the boundary is clearly defined or ambiguous
  • whether there are shared access strips or rights across land
  • whether there’s any historic plan showing measurements or boundary responsibilities

If the paperwork is unclear, that’s not unusual—but it’s a sign to be cautious before moving anything on the ground.


3) Don’t move a fence (or hedge) without recording what existed

One of the most common triggers for disputes is “helpful” fence replacement.

Before any fence/wall/hedge changes:

  • take dated photos from multiple angles
  • measure key distances to fixed points (e.g., house corners)
  • note what is being replaced and why
  • keep receipts/invoices and any contractor notes
  • if possible, retain a few old posts or markers until the new line is agreed

Even if you’re confident, evidence is valuable later—especially if a neighbour challenges the line after the old feature is gone.


4) Speak to your neighbour early—and keep it practical

Disputes escalate when someone feels ambushed.

Before you:

  • replace boundary fencing
  • erect a wall
  • hard surface an area near a boundary
  • start an extension close to the side line
  • install drainage or new foundations near the boundary

…have a calm conversation and explain what you’re planning.

Best approach

  • be specific: show drawings or photos and explain the line you intend to follow
  • stay factual: “we’re replacing like-for-like along the existing line”
  • invite input: “if you think the line differs, let’s look at the documents together”

Avoid

  • “That’s my land.” / “You’re encroaching.” (language that inflames)
  • starting works first and dealing with it later
  • letting contractors “decide” the line on the day

Good neighbour communication is not a legal requirement in itself—but it is one of the strongest dispute-prevention tools.


5) Put any agreements in writing (even simple ones)

Verbal agreements are easily forgotten or reinterpreted, especially when properties change hands.

If you and your neighbour agree:

  • where a fence will go, or
  • who will pay, or
  • who will maintain it, or
  • how access will be handled during works,

follow up with a simple email confirming:

  • what was agreed
  • the approximate line
  • who will do what and when

This doesn’t need to be overly formal, but it creates a record that can prevent future “we never agreed that” disputes.


6) Be cautious with “informal land swaps” or tidying strips

A surprisingly common dispute begins with a well-intentioned change:

  • “You can have that strip, it’s easier for mowing.”
  • “We’ll put the fence where it looks neat.”
  • “We’ll straighten the line so it’s tidy.”

Years later, someone sells or builds, and the informal arrangement becomes contentious.

If you want to change how land is used or where a boundary feature sits, consider:

  • getting professional advice
  • documenting the agreement properly
  • ensuring you understand the implications for ownership and future sales

Informal deals can be fine—until they’re not.


7) If you’re building near a boundary, set out carefully and keep tolerances in mind

Extensions and boundary disputes often go hand-in-hand because construction requires exactness.

To reduce risk:

  • ensure your designer uses accurate existing measurements
  • agree the line before work starts
  • have the contractor set out from fixed reference points
  • check the position of foundations and walls early (not after completion)

Even small errors can cause big consequences. The cost of checking early is almost always lower than the cost of arguing later.


8) Manage vegetation and “creep” sensibly

Hedges and planting cause disputes because boundaries become visually unclear over time.

Practical steps:

  • keep hedges trimmed to avoid gradual encroachment
  • avoid planting trees directly on a boundary without agreement
  • monitor roots and proximity to structures
  • agree maintenance responsibilities if vegetation forms the visual boundary

Many disputes start with “it’s only a hedge” and become serious when maintenance or damage claims arise.


9) Protect yourself during a purchase or sale

If you’re buying

Ask early:

  • is there any boundary disagreement?
  • has the fence line been moved or replaced?
  • are there shared driveways or access strips?
  • are there any informal arrangements with neighbours?

If something looks unclear, consider professional advice before exchange.

If you’re selling

Be careful not to “kick the can down the road.” Boundary uncertainty discovered late can:

  • delay completion
  • spook buyers and lenders
  • lead to last-minute renegotiation

If you already know there’s a grey area, it’s often better to address it early.


10) When to involve a boundary surveyor (early, not late)

You don’t need a boundary surveyor for every fence replacement—but you should consider one if:

  • there is disagreement or competing assumptions about the line
  • you’re building close to the boundary
  • the physical features don’t match the title plan “shape”
  • old boundary markers have been removed
  • the issue could affect a sale, extension, or neighbour relations

Early professional input can preserve evidence, clarify the likely boundary position, and prevent “positions hardening.”


11) Quick checklist: the best dispute-prevention habits

To avoid boundary disputes:

  • ✅ check title plans and any older deeds before making changes
  • ✅ photograph and record the existing boundary feature before it’s altered
  • ✅ talk to your neighbour early, calmly, and with drawings where possible
  • ✅ confirm any agreement in writing
  • ✅ set out building works carefully and verify early
  • ✅ manage vegetation and avoid boundary “creep”
  • ✅ seek surveyor/solicitor advice promptly if uncertainty remains

The takeaway

You avoid boundary disputes by dealing with uncertainty early—before a fence is moved, a hedge is removed, or building work begins. Most disputes are not caused by malicious intent; they’re caused by assumptions and lack of evidence. A calm, documented, evidence-led approach is your best protection.


Need help preventing a boundary dispute?

Email mail@howorth.uk or call 07794 400 212. Tell us what you’re planning (fence replacement, extension, driveway, sale/purchase) and what the concern is. If you have title documents or historic photos, share them—we’ll advise the best next step and whether a boundary survey would help you avoid problems before they start.