Boundary disputes are a frequent issue in property ownership, often arising from unclear legal documents, conflicting surveys, or long-standing land use assumptions. Whether you are buying a property or dealing with an ongoing dispute, knowing the common causes can save you time, stress, and legal costs.
1. Unclear Property Deeds
One of the biggest causes of boundary disputes is vague or outdated property deeds. Many older deeds use descriptions like "to the large oak tree" or "along the hedge," which may no longer exist. If two neighboring deeds conflict, it can be difficult to determine the correct boundary without expert input.
Solution: Always review your deeds carefully when buying property and consider hiring a surveyor to clarify any ambiguous descriptions.
2. Land Registry Plans vs. Physical Boundaries
Many property owners assume that Land Registry title plans define exact legal boundaries, but this is incorrect. Title plans fall under the General Boundaries Rule (Land Registration Act 2002, s.60), meaning they are only an approximation.
Solution: If a dispute arises, use historical aerial photographs, old surveys, and original conveyance deeds to help clarify the boundary’s original position.
3. Misplaced Fences, Walls, and Hedges
Fences and walls are often built without checking property deeds, leading to encroachment onto a neighbor’s land. Over time, these structures can create the illusion of an established boundary, leading to disputes when someone attempts to correct the mistake.
Solution: Before installing a fence or wall, check your deeds and consult a boundary surveyor to avoid future disputes.
4. Adverse Possession (Long-Term Use)
If someone has used a strip of land exclusively for 12 years (unregistered land) or 10 years (registered land) without objection, they may be able to claim ownership through adverse possession. However, for registered land, the **landowner has the right to object** to an adverse possession claim when submitted to the Land Registry.
Solution: If you suspect a neighbor is using part of your land, address the issue early to prevent a long-term claim.
5. Disagreements Over Boundary Maintenance
Disputes often arise over who is responsible for maintaining a boundary feature, such as a fence, hedge, or ditch. Unless the property deeds specifically state ownership, responsibility can be unclear.
Solution: Check your **property deeds** or seek legal advice to determine **who maintains the boundary**.
6. Conflicting Surveyor Opinions
Different surveyors may provide **conflicting opinions** on a boundary dispute. Since **surveyors cannot legally define a boundary**, disputes often remain unresolved without legal intervention.
Solution: Choose a **surveyor experienced in boundary disputes** and ensure they **have a track record in legal cases**. Only a **court can legally determine a boundary if there is a dispute**.
How BoundaryHelper Can Help
Our platform helps you:
- Understand the most common causes of disputes.
- Gather key documents and evidence to support your claim.
- Save time and money by preparing the right materials before seeking legal advice.
Final Thoughts
Understanding the **common causes of boundary disputes** allows you to **take proactive steps to prevent conflicts**. Whether it’s **reviewing property deeds, checking historical records, or consulting the right professionals**, being informed can help you avoid **costly legal battles**.