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The First-tier Tribunal (FTT) has ruled in favour of a homeowner in a contentious boundary dispute after his neighbours extended their driveway and erected a high fence directly in front of his bay window. The judgment highlights the importance of accurate transfer plans and clear evidence when disagreements arise over property boundaries.
The homeowner purchased his property in 2021. Only months later, the neighbours dug up part of a garden area between the properties to extend their driveway. They then installed a tall fence along the edge of the new driveway, blocking the homeowner’s view and prompting him to seek a formal boundary determination.
Neighbours’ Objections Rejected
The homeowner relied on the original transfer plan for his property, which clearly showed the boundary line stepping into the area now occupied by the extended driveway. The neighbours disputed this, arguing that previous owners had agreed an alternative boundary based on a wooden and metal fence that existed when they purchased the property in 2019.
They further argued that the application amounted to a request to rectify the Land Registry’s title plan.
However, the FTT rejected this argument, noting that it was in fact the neighbours who were asserting that the current registered title and transfer plans were incorrect. Their proposed boundary, running from the corner of their garage along the edge of the newly extended driveway, was inconsistent with all official plans.
No Evidence of a Boundary Agreement
The neighbours did not allege an express boundary agreement. Instead, they suggested that an agreement could be inferred from the conduct of the parties’ predecessors in title. They relied on various factors, including:
- the position of historic fences,
- the dimensions of the original driveway, and
- alleged exclusive use of the disputed garden area.
But the FTT found no evidence that a fence had existed before the neighbours’ first viewing of their home in 2019. Photographs showed that no fence was present when the properties were originally transferred in 2016. The Tribunal concluded that none of the factors cited were sufficient to infer a boundary agreement.
As a result, the FTT upheld the homeowner’s application, directing the registrar to give effect to the boundary shown in the original transfer plan.
This case underlines the importance of reliable documentation and robust evidence in property boundary disputes.
Q&A: Understanding Boundary Disputes
What is a boundary determination?
A boundary determination is a formal decision by the Land Registry or Tribunal establishing the precise legal boundary between two properties. It is often used when neighbours disagree about where the dividing line lies.
Can a boundary be changed by agreement between previous owners?
Yes, an express boundary agreement can alter a boundary. However, such agreements require clear, cogent evidence. Inferred agreements are difficult to prove and require conduct that unequivocally reflects a shared understanding.
Do fences always show the legal boundary?
Not necessarily. Fences can be erected for convenience, aesthetics, or temporary use. Unless supported by documentation or formal agreement, a fence’s position does not automatically mark the legal boundary.
When is rectification of the register appropriate?
Rectification may be considered where the Land Registry title plan contains an error. But strong evidence is required, and it cannot be used simply to override clear transfer plans without lawful justification.
Contact Us
Boundary disputes can be stressful and disruptive for homeowners. If you are facing a disagreement about land ownership, fencing, driveways, access or property lines, our specialist Property Litigation team can help.
We provide practical, cost-effective advice on boundary determinations, adverse possession, neighbour disputes and applications to the Land Registry.
Contact Willett & Co Solicitors today for expert guidance