Trespass and boundary disputes often get mentioned in the same breath, but they are not the same thing. A boundary dispute is about where the ownership line is, while trespass is about someone crossing or occupying land that belongs to someone else. In practice, trespass allegations usually arise because the boundary position is uncertain—or because a neighbour has carried out work that physically affects land on the “wrong” side of the line.
Handled well, many issues can be resolved quickly and sensibly. Handled badly, they can escalate into entrenched neighbour conflict, delay building projects, disrupt sales, and lead to significant legal costs.
This article explains how trespass and boundary disputes relate, what commonly triggers them, and what practical steps you can take to protect your position.
1) What is trespass in a boundary context?
In broad terms, trespass is an unlawful interference with land in someone else’s possession. In boundary disputes, allegations of trespass often involve:
- stepping onto the neighbour’s land without permission
- placing or keeping structures on the neighbour’s land (fences, walls, sheds, scaffolding)
- excavating or laying foundations over the boundary
- encroaching with hard landscaping (patios, paths, driveways)
- allowing vegetation (hedges/trees) to intrude physically across the line
- repeated access (e.g., using a side passage believed to be private)
The key point is that trespass assumes there is a “correct” line—yet many disputes occur precisely because the line is contested.
2) Why trespass claims usually start with uncertainty
Many people rely on what they can see:
- “The fence is the boundary.”
- “That hedge has always been there.”
- “We’ve always used that strip.”
But boundaries can be unclear because:
- Land Registry plans often show general boundaries rather than precise lines
- fences move over time (replacement drift)
- old markers disappear
- past owners made informal arrangements
- gardens were re-shaped, extended, or levelled
When uncertainty exists, one party may see “trespass,” while the other sees “normal use of my land.” That’s why evidence and calm process matter.
3) Common trespass scenarios in boundary disputes
A) Fence or wall “encroachment”
One of the most common triggers:
- a neighbour replaces a fence and sets it slightly over
- a wall is rebuilt marginally offset
- a new fence is placed to “straighten the line”
Small shifts can cause big disputes, because they can be perceived as “land grab” even where it’s accidental.
B) Extensions and building works close to the boundary
Trespass becomes serious when works are involved:
- footings crossing the boundary
- walls built over the line
- guttering and eaves overhanging
- excavations affecting the neighbour’s land
- contractors accessing land without consent
Once construction happens, resolution becomes more complex and expensive.
C) Driveways, paths and hardstanding
Front boundaries are common dispute hotspots:
- paving laid over a strip
- car parking used on a contested area
- access routes assumed to be shared
- dropped kerb arrangements creating “ownership assumptions”
D) Outbuildings and garden rooms
Sheds, garden offices, retaining walls and raised beds can all become boundary flashpoints if they are near or over the line.
E) Overhanging features
Even where the building footprint is within the boundary, disputes can arise from:
- eaves/gutters overhanging
- balconies or external staircases
- rainwater discharge onto neighbour land
F) Vegetation and “creep”
Hedges, shrubs and trees can gradually shift the practical boundary:
- hedge planted “inside” but grows outward
- roots causing damage or lifting paving
- branches overhanging and disputes about cutting back
4) Trespass vs boundary dispute: the practical difference
Boundary dispute
- The dispute is: “Where is the boundary?”
- Evidence includes: title plans, deeds, historic plans, on-site markers, measured surveys, historical photos.
Trespass dispute
- The dispute is: “You are on my land.”
- Evidence includes: boundary evidence (to prove the line), plus proof of intrusion/occupation (photos, measurements, plans).
In many cases, trespass can’t be properly resolved until the boundary is clarified.
5) Why “general boundary” plans can fuel conflict
Land Registry title plans are usually drawn to a scale that is helpful for identification but not always suitable for pinpointing a fence line to the centimetre. This causes problems when a dispute is about a narrow strip.
A boundary surveyor helps by:
- reviewing all available plans (including older deed plans)
- inspecting physical evidence on the ground
- carrying out measured surveys where appropriate
- giving a reasoned view on the likely boundary position
This often converts “opinion vs opinion” into “evidence vs evidence.”
6) How to respond if you’re accused of trespass
If your neighbour accuses you of trespass, the best approach is calm, structured, and evidence-led:
Step 1: Avoid escalation and preserve evidence
- don’t remove markers or alter the fence line
- take dated photographs of the area
- keep any correspondence
Step 2: Ask for clarity on what is being alleged
- what exactly do they say is on their land (fence, paving, structure)?
- how far and where?
- what evidence are they relying on (title plan, measurements, historic plan)?
Step 3: Gather your documents
- title plan and register
- any deed/transfer plans
- historic photos
- details of when the fence/wall/paving was installed and by whom
Step 4: Consider professional input early
A boundary surveyor can often clarify whether:
- the allegation has clear merit
- the boundary is uncertain
- a practical solution is available before matters harden
If legal threats have been made, a solicitor should guide the legal response.
7) How to respond if you believe your neighbour is trespassing
If you believe your neighbour has encroached onto your land:
Step 1: Record the situation
- photos from multiple angles
- measurements to fixed reference points (house corners, walls)
- capture dates and changes over time
Step 2: Avoid “self-help” that makes matters worse
- don’t remove their fence/wall without advice
- don’t block access if rights may exist
- don’t confront contractors aggressively (it can escalate and complicate)
Step 3: Open a factual conversation
Often disputes can be de-escalated by framing it as:
- “Let’s confirm the boundary properly before this goes further.”
Step 4: Instruct a boundary surveyor to assess evidence
A professional view can:
- confirm whether an encroachment is likely
- quantify it properly
- support a sensible next step (agreement, adjustment, solicitor letter, etc.)
Early evidence-led action is usually cheaper than late-stage conflict.
8) Practical resolution options (before it becomes a legal fight)
Not every boundary/trespass issue needs court. Common practical solutions include:
A) Agreeing a boundary line for future certainty
Where evidence is mixed or the “difference” is small, neighbours sometimes agree a line to avoid ongoing conflict.
B) Repositioning a fence on replacement
If the fence is slightly out, parties may agree:
- to leave it until replacement time, then
- set it on the agreed line.
C) Licence / permission for a minor encroachment
Sometimes a tiny encroachment is not worth rebuilding. A formal permission arrangement can avoid future disputes while keeping clarity.
D) Compensation agreements
Occasionally, parties agree compensation for land use rather than physical change—typically requiring legal advice.
Your solicitor will advise on what is appropriate and how to document it correctly.
9) Why early surveyor involvement often prevents serious trespass disputes
Boundary surveyors can help reduce escalation by:
- clarifying what the evidence actually supports
- identifying whether the “strip” is meaningful or within typical tolerances
- providing plans/reports that focus conversations on facts
- supporting early resolution before works progress or sales collapse
Often, the real value is that a neutral professional changes the tone from accusation to analysis.
The takeaway
Trespass and boundary disputes often overlap, but trespass claims usually depend on one unresolved question: where is the boundary? If you’re facing an allegation—or believe your neighbour has encroached—act early, preserve evidence, gather documents, and get professional advice. The earlier the boundary position is clarified, the easier it is to find a practical resolution and avoid costly escalation.
Need help with a trespass or boundary dispute?
Email mail@howorth.uk or call 07794 400 212. Tell us the property location, what has happened (fence moved, paving laid, extension near the boundary, access issues), and whether any work is ongoing. If you can, share your title plan and any photos showing the disputed area—we’ll advise the best next step and whether a boundary survey would help you resolve the issue calmly and confidently.