How To Resolve A Border Dispute With Your Neighbour

Boundary issues are complicated, and border disputes can cause unnecessary tension between neighbours. We'll show you how to resolve a border dispute with your neighbour. Enlarge

How To Resolve A Border Dispute With Your Neighbour

Boundary issues are complicated, and border disputes can cause unnecessary tension between neighbours. We'll show you how to resolve a border dispute with your neighbour.

Step 1: Head off disputes before they arise

When you first move in to a property, it's a good idea to photograph the gardens from an upstairs window, so that you have a clear record of where your boundaries fall at that time. Date these and file them safely. This will make any changes more noticeable because you will have a reference to compare with. Repeat the same photographs once a year.

Step 2: Know your limits

Most boundary disputes start because neighbours can't agree on where the boundary between their properties lies. This can often be settled by examining the title deeds or the lease. If you don't own your title deeds, you can buy a copy of the plans from the Land Registry for £3. These plans will hold information about the limits of your property, and may also contain details about who is responsible for maintaining any barrier such as a fence or hedge.

Step 3: Discuss your plans

If you plan to erect a barrier, attempt to discuss it with your neighbour first. This will give them an opportunity to raise any objections and allow you the chance to put their mind at rest.

Step 4: Erecting a barrier

You don't need planning permission to erect a fence provided it is no higher than 1 metre when next to a road, or 2 metres anywhere else. Any higher than this and you will need to obtain planning permission. Any barrier should fall entirely on your own land.

Step 5: Planting a hedge

You don't need planning permission to plant a hedge, although out of courtesy it is a good idea to keep it below 3 metres high. Remember when planting a new hedge that it will grow outwards as well as up. You should plant it at least 1.2 metres inside your boundary to allow for growth.

Step 6: Your neighbours' hedge

If your neighbours' hedge is causing a nuisance by blocking out light, you are entitled to trim the branches or roots on your side. However, you are not allowed to reduce the height of a hedge without the owner's permission. If you would like to see the height of the hedge reduced, first talk to your neighbour face to face. If they take no action, consider writing them a letter detailing your objections and the effect the hedge has on you. If this still has no effect, you can seek advice from a solicitor or your local citizen's advice bureau.

Step 7: Trees

If a branch from your neighbour's tree overhangs your garden, you should first ask your neighbour to trim the tree himself. Make a note of this conversation as you may later need evidence that you spoke about the issue. If your neighbour takes no action, you are entitled to trim the offending branches yourself - but only as far as the boundary between your properties.

Step 8: Seek professional help

Some boundary disputes can become very complicated, particularly if the boundary line is not marked clearly on your plans, or has changed over time. If you and your neighbour are unable to resolve the matter yourself, then you may consider employing a chartered surveyor. They will examine the plans, historical documents and arial photographs before writing and submitting a report. Your local citizen's advice bureau will be able to advise you on how to go about finding a chartered surveyor.

Step 9: Talk to your neighbour

As with all neighbourly disputes, it pays to remain on good terms with your neighbour throughout. If you can settle the dispute amicably at the early stages, it will be a lot easier and cheaper than involving professional advisers.

Done.