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Can I remove neighbors fence on my property UK?

In order to remove a fence between two residential properties, ownership must be established. It should be able to be established by reference to the deeds of the property.

giambronelaw.com - Solving Property Line Disputes with Neighbours | UK Laws
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Dealing with property line disputes involving neighbours- England and Wales

It is not uncommon for neighbours to become involved in legal battles due to disputes over boundary lines. Some instances may involve one neighbour encroaching into territory that, in the eyes of their neighbour, does not belong to them. Other disputes may also involve neighbours disagreeing over a tree growing on a property boundary. A neighbour dispute may sound parochial or trivial, but it can have a significant impact. Should you be involved in such a situation, or believe that there is potential for you to face a dispute in the future. This guide will explain the steps you can take to deal with a boundary line dispute with a neighbour and the professionals you may need to contact.

Click on a link to the following sections:

The importance of making a property line agreement

Any property ownership agreement clarifies who has legal possession of any piece of property or land. This document will be extensive and will usually define how any property will be divided up should death or a marital separation occur, as well as defining the boundaries surrounding the property. The purpose of such an agreement is to clarify the boundary that separates two properties, which ultimately defines who is responsible for certain things, including maintenance of a wall or fence. Every boundary agreement between neighbours tends to include the same information. The main points will be:

- The name and address of the parties involved

- The date that the agreement is signed

- The defined boundary as agreed by the parties involved

- A map (or illustration) that details the boundary

- Signatures from all parties involved

This agreement should then be sent, together with the appropriate fee, to Her Majesty's Land Registry (HMLR) – to the HM Land Registry Citizen Centre at the following address:

HM Land Registry Citizen Centre

PO Box 74

Gloucester

GL14 9BB

What are the different types of property dispute?

There are many situations where disputes can arise – some of which will be specific to the individuals involved. Below are the primary reasons that commonly occur:

- Boundary complaints and disputes

- Complaints around easements

- Disagreements with regard to the sale of land

- Nuisance and noise (from one or more parties)

- Disputes over party walls

- ‘Right of light’ disputes

- Trespass or squatters on the property

- Disputes between tenants and landlords

It is also worth noting that while most property disputes between neighbours will be about residential property, there are certain instances when it will involve commercial property. If that is the case, it is strongly advised to seek legal advice specifically related to commercial property as opposed to residential property.

Dealing with a property line dispute

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The Boundary Disputes Protocol (BDP) guidance will be of considerable assistance. It may be helpful to be aware of the information contained in the protocol prior whilst considering the route to take. The BDP, written and released by the Property Litigation Association (PLA), was designed to add clarity to boundary disputes and the best way to resolve a dispute. It states the following: - Disputing neighbours are advised to talk to each other and each party to outline their position. - Neighbours should swap all associated Land Registry documentation within 14 days of stating a willingness to utilise the BDP. They should also hand over copies of any other information relating to the legal boundary such as photographs and historical conveyances within 28 days. - Neighbours should consider Alternative Dispute Resolution (ADR) as the means of solving the dispute as cost-effective solution rather than litigation. ADR refers to ways of resolving disputes that avoid going to court. - The guidance spells out exactly what the role of the surveyor is, how long they are likely to be involved in the process and the relevance of their role.

Working with a surveyor

Hiring a surveyor will be central to the process. It is advised to research a surveyor to ensure that you are accessing the best possible expertise, it is advised to seek the services of a chartered land surveyor. The objective of using a chartered surveyor is to gather sufficient evidence to prove your contention and assist in the avoidance of court action.

Appointing an expert real estate lawyer

If you are unable to resolve your dispute by means of negotiation or ADR, it may become necessary to consult an expert lawyer. Giambrone & Partners recognises that civil litigation can be costly and the outcome uncertain; therefore, our primary aim is to resolve property disputes between the parties. Our lawyers can provide a thorough outline of the different aspects of the matter, the risks and benefits of litigation and the potential impact. As well as setting out the way the dispute will be judged in court. The legal considerations will hinge on the historical boundary line, this will be defined by the evidence presented by both parties. The judge will make a legally binding decision if the parties cannot resolve their dispute between themselves. You can find out more about our litigation and dispute resolution services here, or you can request a call back from us.

FAQs

What is ‘adverse possession’?

What are the major reasons for boundary disputes?

In the main, a property dispute will arise due to a disagreement as to where the boundary line is located. This can be related to above or below ground boundaries. There are also disputes as to the ownership of certain structures – fences or walls, for example – or the impact that such structures are having on one party (if a wall is blocking out sunlight, for example).

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How should I handle a dispute with a neighbour over trees?

The first step should be a face to face conversation. Most reasonable people will want to resolve any dispute in a quick and effective manner. If a dispute continues you will have to consider more formal methods to resolve it.. You can read more about solving a dispute involving trees on properties here.

What is the legal height of a fence between neighbours?

The maximum legal height of a fence between two residential properties is two metres.

Can a neighbour remove a fence between your properties?

In order to remove a fence between two residential properties, ownership must be established. It should be able to be established by reference to the deeds of the property. However, if a fence encroaches on to the land beyond the boundary line of the property then the party whose land the fence has intruded on may be able to relocate the fence to a position that aligns with the actual boundary.

How can you stop your neighbour cutting your hedge?

If the hedge or tree in question is not on your land but is encroaching into your property or overhangs a fence or wall, you can cut the hedge yourself. You cannot, however, oblige a neighbour to cut your side of the hedge themselves.

Can you paint your side of a neighbour’s fence?

If the side of the fence you wish to paint is on your neighbour’s property, you will need their permission. If it is on your property, you can paint it if you wish to. It may be prudent to inform your neighbour that you intend to paint your side of the fence.

Related content

Who resolves boundary line disputes?

Solving disputes relating to trees on properties

How to write a letter to a neighbour about a property line disputes

giambronelaw.com - Solving Property Line Disputes with Neighbours | UK Laws
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