How to resolve
For a small fee, the Land Registry will be able to provide you with copy of the Title document or lease (referred to as an office copy) and a plan for any registered property.
The plan will show where the boundary should be, although it will not show whose responsibility it is, if anyone’s, to maintain the boundary.
You do not need to be the owner of a property to obtain these details from the Land Registry.
Search for land and property information - GOV.UK
Find property boundaries - GOV.UK
Fences
Generally as a property owner you do not have to erect and maintain any type of barrier - fence, trellis, wall, railing - around your property, and you cannot enforce your neighbour to erect or maintain a barrier on theirs. There are some exceptions to this including:
- where there is a clause in the title deed or lease
- the property is next to a street and may cause danger
- the land is used for dangerous purposes such as storing chemicals
- a barrier is necessary to prevent animals other than domestic pets from straying.
The owner of the barrier can use it as they wish, without the neighbour’s consent, providing it is safe. The neighbour has no rights over the barrier, for example they can not use it to support trailing plants without the owner’s permission.
Unless the barrier falls into one of the above exemptions, as a property owner you do not have to repair a barrier unless the title document or lease contains such an obligation. It should be noted however, that if the barrier causes damage or injury, your neighbour could take you to court for compensation.
If you need further help in resolving a dispute, call Luton Mediation team.
Telephone: 01582 411 822