Establishing the boundaries and ownership

If a dispute arises between neighbours about the boundary between their properties, it will be necessary to establish who owns the disputed land. The primary evidence will be contained in the legal documents. Clear evidence of this kind is normally conclusive.

However, the boundaries between properties can differ from those described in the title documents or lease in certain circumstances. The most common are where they have been changed by agreement or by encroachment (occupation without permission).

Duty to erect a barrier

Generally, a property owner does not have to erect and maintain any type of barrier, for example, a fence, wall, trellis or railing, around her/his property. Some of the exceptions include where:-

there is a clause in the title documents or lease

the property is next to a street and may cause danger

the land is used for dangerous purposes, for example, storing chemicals

a barrier is necessary to prevent animals, other than domestic pets, from straying.

Who can use or repair a barrier

In order to decide who can use and repair a barrier, it is first necessary to establish who owns it. The rules for working out ownership are the same as for other boundaries. In other words, the legal documents may specify who owns the fence, or a person may have evidence that it belongs to her/him.

If the barrier belongs to one owner, s/he can use it as s/he wishes, without the neighbour's consent, providing it is safe. The neighbour has no rights over the barrier. For example, s/he could not use it to support trailing plants without the owner's permission. If a fence is jointly owned, each neighbour can use it for support, provided neither makes it unsafe. Any repairs should be financed jointly.

A property owner does not have to repair her/his barrier unless the title documents or lease contains such obligations. However, if the barrier causes damage or injury, the owner's neighbour could take the owner to court for compensation.

If a property owner has a barrier next to the street, this should be kept in good repair to prevent it becoming a nuisance or danger to people using the street. If a passer-by is injured by the barrier, for example, if it has barbed wire, or falls down on someone in the street, that person can take the owner to court for compensation.

Party walls

There are special rules covering structural work to walls which stand across the boundary of land belonging to different owners, or which are used by two or more owners to separate buildings. The owner must notify neighbours about any work s/he intends to carry out. These rules allow for the agreement or objection to any work within certain time limits, and compensation and temporary protection for buildings and property. If there is no agreement an indepedent surveyor can be appointed to decide what work can be done, and how and when.

Planning restrictions on barriers

Planning permission is not generally needed before erecting a fence or wall, provided it is no more than one metre in height if next to a highway, or two metres elsewhere. If a person wishes to exceed these limits, planning permission from the local authority will be required. There are no planning restrictions on the height of hedges.

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