Apologies if you’ve only just woken up, but we’re keen to dream a little right now… 

In an ideal world, land ownership wouldn’t exist and we’d all live peacefully, side by side and harmoniously. Neighbours would pop round for tea at a mutually convenient time, the conversation would be pleasant and not provocative, and they’d leave before you had to slap your thighs, stand up slightly and say ‘right’. 

Unfortunately, we don’t live in such a world, and sharing our space with neighbours can cause disputes and conflict.

And it’s sad how these disputes often concern the most trivial of catalysts; building a new driveway, painting the outside of the home a garish shade of gaudy, front garden changes, extensions, and even leaves and twigs that have decided to go rogue.

If you’re suffering from such a disagreement and are wondering how to settle it amicably, then read on; here’s how to resolve a boundary dispute with your neighbour legally and peacefully.

INVESTIGATE BOUNDARIES

The first step is to fully establish where the boundaries actually are between you and your neighbour’s properties, and who is responsible for the disputed space. 

You should never go ahead with changes such as adding walls, fences or hedges before finding out if you legally can. In the name of politeness and good faith, you should consult with your neighbour before doing so, too. 

Read through your property’s paperwork, such as house deeds and title plans, and if this doesn’t shed light on the issue, you could contact the land registry, which contains information on owners, leases and property boundaries.  

However, the administrative side of things isn’t always that easy; many boundaries aren’t clearly defined and this obscurity can cause disagreements. Boundaries can also be altered over the course of time due to changes in ownership, so it’s important to identify where the current agreement is in place, rather than an antiquated version of any agreements.

COMMUNICATION

By far the best way to solve boundary issues is to discuss the options with your neighbours, frankly and fairly. It’s important to communicate clearly and objectively, and not allow emotion to dominate negotiations. If you’d rather not talk face to face, if, for example, tensions are high between you, you could try writing a letter and highlighting what you’ve discovered about the boundary and how you feel about the proposed work. 

If you are able to share a room without coming to blows (or even raised voices), you could sit down with two sets of deeds to compare notes. You mustn’t go ahead with changes without discussion, as this may land you in legal hot water. Fortunately, most people are reasonable enough to discuss options – that said, not many will take kindly to commencing work without permission or warning.

MINOR CONCERNS

That said, if the conflict concerns a wall or bush owned by your neighbour, they aren’t required by law to make the changes you request. You can, however, ask them politely if they would mind making it higher for privacy purposes or sorting out the front garden if it’s got unruly, for aesthetic reasons rather than structural ones. If your neighbour doesn’t want to cooperate, you could offer to cover any costs, but be warned; even then, they don’t have to comply. 

If the reason you want a change is due to a safety issue, you can contact the local council and report it. The council can take action on your behalf if the structure is seen to be dangerous. You will, of course, be known as a grass from that moment on. It’s up to you to decide if that’s a cross you’re willing to bear…

If your neighbour becomes aggressive or uncooperative, for your own sanity and safety, it’s time to consider this avenue closed. Though open communication can solve some disputes and will help avoid any costly court battles, if, despite your best efforts, your neighbour won’t cooperate, here’s what you can do…

PROFESSIONAL HELP

As we mentioned, there can be some ambiguity over boundaries. Unclear documents or properties that have been bought and sold many times may make it difficult to establish responsibility over a certain area of land. 

If the dispute is over a party wall with equal ownership, for instance, then JSSD, who provide party wall surveying in London, recommend that in most cases, party wall changes will need agreement from your neighbour. Without this, things can get complicated, tense and expensive.

They caution; ‘’The rules about work on party walls are covered by the Party Wall Act 1996, which sets out the rights and responsibilities of property owners who do work on or around a party wall between properties. The Party Wall Act is intended to ensure properties are protected from damage when work is carried out. The alternative to dealing with problems is civil action against neighbours under common law which is fraught with difficulties and can be very costly.’’

NOT JUST NEIGHBOURS

If you want to do extensive work such as digging or excavation, then you need to think further than your neighbours; surrounding property owners will also need notices. 

The process can be long and notices should be sent out two months or more before intended work, and then you must then wait for the agreement before any work can take place. But what if they disagree?

A professional surveyor can deal with disputes as they have the required knowledge needed to address any issues. You must respond to any disagreement within an allotted time. Be prepared for the process to be long and drawn out if neighbours don’t comply. You should also consider the financial implications.

If communication is failing, you could arrange some mediation. Mediation is a controlled process and overseen by someone representing each person in the case. It helps resolve issues in a safe environment and can be useful for the long term management of neighbourly relationships.

On rare occasions, disputes can go beyond simple disagreements. When emotions take over and each person wishes to get their way, the situation can escalate into nastiness and in worse cases, harassment. If your neighbour behaves in a threatening or violent manner, then you should keep details of each encounter as evidence if the situation goes to court. 

THE BOTTOM LINE

Though it’s recommended in the Good Book that one should ‘’love thy neighbour as thyself’’, doing so can be tough when there’s a dispute over boundaries at play. We hope you’ve found the advice you need above to resolve matters peacefully.