Why good sense may make for better neighbours

The well-worn saying “good fences make good neighbours” is often trotted out during boundary disputes, to reinforce the value of clear dividing lines between properties.  But when Robert Frost popularised the saying in his poem Mending Wall, he was challenging this instinct for barriers by suggesting they can create division where none is needed.

And that’s a useful reminder in boundary disputes, where it’s often one neighbour’s rigid view of where the dividing line should be that sets things off. When tensions rise, a measured approach can make all the difference.

Whether it’s a hedge, a fence or a garden path at the centre of the row, legal proceedings can quickly escalate. Not only are boundary disputes notoriously complex to resolve, but they can sour neighbourly relations and lead to significant costs. The courts have emphasised that when it comes to defending your patch, staying calm and knowing when to step back could be the best approach.

A recent case highlights the challenges faced in boundary disputes. The case involved a brook which ran between the properties, and which was fenced in by a new homeowner after they moved in. 

Long-standing neighbours argued they were entitled to register the stream as their own because they had used it without challenge for a significant period before the new homeowner arrived and while the lower courts ruled against them, they were successful on appeal.  The Court of Appeal’s decision found that even though the land had not been formally claimed, adverse possession had been established long before the property title was first registered in 2003 after the Land Registration Act 2002 came into force.

This long-running case saw the combined legal costs reach £300,000 by the time the case was heard in the Court of Appeal. 

When disputes arise, it’s vital to seek early legal advice and to consider alternative dispute resolution methods, such as mediation. Tempers often run high in boundary cases, but aggressive tactics rarely pay off and can make things worse.

While mediation may not suit every situation, it’s often quicker, cheaper and less damaging than going to court, particularly when you’ll be seeing your neighbour over the garden fence for years to come.

As for prevention, a thorough review of property deeds, title plans and boundaries, particularly when buying or selling a property, can reduce the risk of dispute later. For those with shared access or unclear boundary features, a formal agreement or updated Land Registry plan can also be a wise investment.

Once you’re in a legal battle over your borders, even the narrowest sliver of land can come at a high price. It’s also worth remembering that any dispute with a neighbour, including over boundaries, must be declared when selling a property.  Failing to do so could lead to legal action from a buyer later down the line, so even if tensions ease, any dispute can have lasting implications.

If you are faced with a dispute with your neighbour over the boundary, we can help. Our team of experienced solicitors can provide advice and assistance on all aspects of a claim as well as alternative dispute resolution including mediation.