Boundary Disputes UK: Conveyancing Guide 2025

Overview

A property boundary is the invisible line separating one piece of registered or unregistered land from another. In England and Wales, the Land Registry operates on what is known as the 'general boundaries rule' under section 60 of the Land Registration Act 2002.

This means the red line shown on a title plan indicates roughly where the boundary sits, not the precise legal position. The exact line is usually determined by the original conveyance, the pre-registration deeds, any physical features referred to in those documents, and occasionally by long-standing use or agreement between neighbours.

Boundary issues in conveyancing typically fall into a few categories: disagreement over where the line actually runs, disputes about who owns or maintains a fence or hedge, questions about rights of way or access, and concerns about encroachment such as overhanging structures or extensions built close to the line. Because these matters can affect value, insurability and future enjoyment of the property, they need to be flagged and dealt with before completion rather than left to surface later.

Key steps

1. Gather the paper trail. Start by pulling together the title register, title plan, any pre-registration conveyances, and historic deeds held by the seller or their solicitor. Original conveyances often describe boundaries by reference to physical features or measurements that later plans have simplified or lost, so the oldest documents are frequently the most useful.
2. Inspect the property on the ground. Compare what the documents describe with what actually exists: fences, walls, hedges, ditches, driveways and outbuildings. Discrepancies between the paperwork and reality are common and can point to historic agreements, adverse possession claims, or simple drifting of fence lines over time that need to be understood.
3. Raise enquiries with the seller. During conveyancing, your conveyancer should ask targeted questions about known disputes, boundary agreements, shared maintenance arrangements and any correspondence with neighbours. Sellers have a duty to answer honestly, and their replies form part of the contractual record if anything turns out to be inaccurate later.
4. Consider a determined boundary or specialist survey. Where the position is genuinely unclear, parties can apply to HM Land Registry for a determined boundary under section 60 of the Land Registration Act 2002, supported by a plan prepared to the required standard. Alternatively, a chartered land surveyor can produce evidence that helps the parties agree a line without formal registration.
5. Try to resolve disputes before completion. If a disagreement exists with a neighbour, options include a written boundary agreement, mediation through a service such as the RICS Neighbour Disputes scheme, or negotiated indemnity insurance to cover the risk. Litigation is slow, expensive and disproportionate for most boundary disagreements, so it should be a last resort rather than a first move.