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Most of us are familiar with the adage "Love thy neighbour", yet anyone who has been involved in a boundary dispute will know what a high ideal that can prove.

The RICS estimates that the average boundary dispute involves an area of land approximately 100mm wide - roughly the width of a fence post. However, the battle takes on far greater significance for the parties involved, who may behind a neighbourly façade harbour long standing antipathy. The emotional and financial cost can be disproportionate.

So what gives rise to disputes of this nature?

Mainly lack of clarity in the original conveyance of the land. For example, it is commonplace in older conveyances to describe land by reference to a delineated plan, adding "for the purposes of identification only". The scope for argument on exactly what is being transferred is evident from the outset.

Neglect of an existing boundary is commonplace and another common cause. Where, for example, a boundary fence is destroyed during a storm and the parties fail to replace it, the exact location of that boundary may be readily forgotten.

The Land Registry's endeavour to "dematerialise" title deeds (the switch from paper to electronic storage of deeds) has done little to assist. Prior to 2003, when the Land Registry ceased retaining charge certificates, the usual practice was for banks to retain all title deeds, including pre-registration. The move towards electronic conveyancing and creation of a central database of title information has led to the Land Registry destroying most original documentation – some of which will hold information critical to determining the boundaries of a parcel of land.

And where do the solutions lie?

Professional guidance from a solicitor or surveyor and a site visit are pre-requisites.

The next step must be to try to locate the original or "operative conveyance" in which the land was demised or sold off. The description of the land may be determinative, particularly where it gives the dimensions of the plot or describes it by reference to a particular feature on the ground. If the deed plan does not correspond with the description, one has to try to decide which of the two has the greater importance. It is a question of weighing up the evidence.

If the operative conveyance is not available, some general presumptions may assist. One example is the so-called hedge and ditch rule: where there is a bank and a ditch between two properties (irrespective of whether the bank has a hedge or a fence on it) there is a presumption that the landowner has walked to the limit of his ownership, dug his spade in and thrown the earth up on to his own land. The far edge of the ditch is deemed to be the boundary.

Another relates to garden walls: if there are buttresses on one side alone, it is likely that the wall belongs to the owner on whose side the buttresses fall. It is probable that the boundary is the face of the wall furthest from the piers.

Where a boundary wall is a party wall, a definition contained within the Party Wall Act 1996, a dispute will be regulated by that Act. The principal purpose of the Act is to assist building development when one or other adjoining landowner wishes to carry out works of development, excavation or strengthening of his land that may destabilise that of his neighbour's.

The Act provides for the exchange of notices as a precursor to the works and any dispute arising from the same will be determined by the parties appointing either a single surveyor or one each. In the absence of agreement by two surveyors, a third surveyor is appointed to resolve the dispute.

What if none of the above proves conclusive?

The Land Registry has a procedure that allows for the exact line of a boundary to be determined and recorded on the registered title. But as that requires evidence of the boundaries the problem can become circular.

The RICS also offers a neighbour dispute resolution service. A surveyor is appointed by the parties and will try to determine the issue producing a written report which, if necessary, could be used as evidence in any subsequent court proceedings. Of course the intention is to encourage the parties to avoid court and reach an amicable agreement.

Ultimately, of course, there is recourse to the courts but it is protracted, often costly and may not be to everyone's tastes or budgets.

As with many legal issues, it is rarely black and white and there is rarely a single solution.

There is some good news

With careful planning, clear deed drafting and a well drawn plan, the scope for future disputes can be minimised. The first transfer of a plot of land is the most important and a skilled conveyancer will ensure the mistakes and ambiguity of past conveyances are not replicated.

As always careful choice of advisers is key. And when you can't choose your neighbours that becomes all the more important.

Anna Favre, Solicitor
Residential Estate Property Practice
email a.favre@pglaw.co.uk
tel 020 7591 3318

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