Landlord & Tenant Disputes
April 25, 2025Neighbour Disputes
April 25, 2025Boundary Disputes
Boundary Disputes
Disputes between neighbours can be highly stressful and emotionally draining particularly when they involve boundaries, trees, or property maintenance responsibilities
At Daniel Woodman & Co., Solicitors, our experienced team is here to provide clear, practical legal advice to help you resolve these matters with confidence.
DETAILS
Criminal Defence Solicitors
Our criminal defence team has extensive experience handling a wide range of cases, from straightforward matters to the most complex and high-profile. We’re known for our strategic thinking, attention to detail, and strong advocacy. Clients regularly comment on our skill in navigating sensitive situations with confidence and care.
We take a personal, client-focused approach. Every case is different, and we take the time to understand your unique circumstances, concerns, and objectives. Our advice is always clear and practical, and our representation is tailored specifically to your needs.
GUIDE
Our Support
Establishing Boundaries and Ownership
If a dispute arises over the boundary between two properties, the first step is to determine who owns the land in question. This is usually confirmed by legal documents such as title deeds or leases. In most cases, this evidence is conclusive. However, boundaries can sometimes differ from what’s recorded in the title documents particularly where changes have occurred due to:
- Mutual agreement between neighbours
- Encroachment (unauthorised occupation over time)
Do You Have to Erect or Maintain a Barrier?
As a general rule, property owners are not legally required to erect or maintain fences, walls, or other barriers around their land. However, there are exceptions where:
- A clause in the title documents or lease imposes a duty
- The property is adjacent to a street and poses a danger
- The land is used for hazardous purposes (e.g. chemical storage)
- A barrier is needed to prevent animals from straying
Who Owns and Maintains a Barrier?
Ownership of a barrier such as a fence or wall is determined in the same way as other boundary features, usually by legal documentation or established evidence. If the barrier belongs to one party:
- They may use or alter it as they wish (provided it remains safe)
- The neighbour has no automatic rights to attach items or use it for support without permission
If the barrier is jointly owned:
- Both parties can use it, provided it remains safe
- Maintenance responsibilities and costs are usually shared
Note: There is no general legal obligation to repair a barrier unless it is required under a title or lease, or if the barrier poses a risk to others.
Planning Restrictions on Fences and Barriers
Planning permission is not usually required for fences or walls unless they:
- Exceed 1 metre in height next to a highway, or
- Exceed 2 metres elsewhere
There are no specific height restrictions on hedges, but issues with high hedges may still be addressed through local authority intervention.
GUIDE
Dispute about Trees
Rights, Responsibilities & Remedies
Overhanging Branches
If a neighbour’s tree branches overhang your property:
- You can ask the neighbour to trim it
- If they refuse, you may trim it back to the boundary line
- Any branches or fruit still belong to the tree owner and should be offered back
However, if the tree is protected by a Tree Preservation Order (TPO) or is in a Conservation Area, specific consent may be required before carrying out any work.
Dangerous Trees
Local authorities in England and Wales have powers to intervene where a tree on private land poses an imminent risk of damage. They may:
- Require the owner to make the tree safe
- Carry out the work themselves and recover the costs from the tree owner
- Issue a legal notice requiring action, which the owner can appeal to the County Court
In Northern Ireland, local authorities can act only if the tree endangers a public highway or footpath.
Tree Roots
If roots from a neighbouring tree spread onto your land:
- You can remove them using the least damaging method
- You must give the tree owner reasonable notice if entering their land is required
- The tree owner may be liable for damage caused by the roots if they knew (or ought to have known) of the risk
Tree Preservation Orders (TPOs)
If you wish to prevent a neighbour from lopping or removing a tree, you can ask your local authority to consider issuing a TPO. All trees within a Conservation Area are automatically protected.
Hedge Disputes
High hedges can become a major point of tension between neighbours. In England and Wales, if a hedge is over 2 metres high and blocks light to your residential property:
- You have the right to complain to the local authority
- You must first try to resolve the issue with your neighbour
- A fee may be charged to process your complaint
Legal advice is strongly recommended before cutting or reducing the height of a hedge, particularly as some hedgerows are legally protected.
GUIDE
Party Wall Disputes
Party wall disputes can arise when one property owner intends to carry out building work near or on a shared wall or structure. These disputes are governed by the Party Wall etc. Act 1996, which sets out a legal framework for notifying neighbours, preventing conflict, and resolving issues through a formal process. If you are planning to carry out works to a party wall or have received notice of works from a neighbour our specialist team at Daniel Woodman & Co., Solicitors is here to help.
What Does the Party Wall Act Cover?
The Party Wall Act 1996 applies to specific categories of work, including:
- Building a new wall at or along the boundary between two properties
- Carrying out works to an existing party wall or structure, including repairs, alterations, or extensions
- Excavating near a neighbouring building or structure, usually within 3 to 6 metres of the foundations
The Act requires property owners to give formal notice to Adjoining Owners before beginning any qualifying work. The neighbouring owner then has the opportunity to agree or object to the proposed works. If no agreement is reached, each party may appoint a party wall surveyor, or a joint surveyor can be instructed to resolve the matter.
Our Expertise in Party Wall Matters
Party wall matters can be highly technical, and disputes often involve tight deadlines, legal procedures, and detailed construction plans. Our experienced property dispute team provides clear, practical advice to help you:
- Understand your rights and obligations under the Act
- Prepare or respond to a party wall notice
- Negotiate terms or resolve objections
- Appoint or liaise with surveyors where required
- Ensure legal compliance while protecting your property interests
Whether you are the building owner or the adjoining owner, we work with you to find a practical, cost-effective resolution that minimises disruption and risk.
Get in touch today
If you’re dealing with a dispute about fences, boundaries, trees, or hedges, our experienced and approachable team can help. We provide tailored legal advice to protect your rights and achieve the best possible outcome.
Call us today on 0117 967 9800 or email info@danielwoodman.co.uk