Boundary Disputes: When Neighbours Fall Out And Solicitors Step In

Commercial awareness for regional and high street law, by the people doing it.

The Weekly Edge

Need to know

  • Boundary issues are rarely just about fences, hedges, or shared driveways. They involve neighbours you’ll keep bumping into long after the dispute is resolved.

  • Private property solicitors are key, balancing legal rights with practical, people-focused solutions that preserve both property value and neighbourly peace.

Table of Contents

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💡Spotlight Article

AI Image: Housing estate with shared driveway

Your average residential street includes mismatched houses, shared driveways, cars wedged in wherever they’ll fit.

Ordinary. Mundane, you’d very likely say.

But dive into property law, and it’ll tell you a different story.

🔎What’s happening? 

Boundary disputes are some of the ugliest rows solicitors handle.

On the surface, it might look like a scrap over a parking space or a hedge, but it’s rarely that simple. It’s about people feeling ignored, disrespected, or boxed in on land they believe is theirs.

A boundary is the line in the sand. Everything on your side is yours. Everything on the other side isn’t. Simple on paper, messy in real life.

Boundaries appear as fences, walls, hedges, driveways, or on title deeds and old plans. With older properties, vague documents create uncertainty. A fence creeps over a line, someone parks where they think it’s shared, trees spread, and a shed appears overnight.

Before you know it, a quiet street turns into a cold war because one neighbour believes the other is trespassing.

That’s when it hits the fan!

Common flashpoints?

  • Trespassing: using land that isn’t yours, parking, dumping, or building over the line.

  • Encroachment: fences, walls, or extensions creeping into someone else’s space.

  • Rights of way: who can use paths, driveways, or access routes.

  • Overhanging trees and structures: branches, roots, gutters, balconies stretching  over boundaries.

On their own, these seem petty.

Fact is, they flare up fast. Tempers rise, positions harden, and neighbours still living side-by-side can end up barely speaking. That’s why disputes need a calm, professional hand.

📌 Case study

Two neighbours share a narrow driveway.

One starts parking across it like it’s theirs. The other can’t get in or out without a daily battle. What starts as bad manners turns into a legal problem. The blocked neighbour knows they should have a right to the driveway but doesn’t know the details.

Enter the private property solicitor to:

A) Check title deeds. Is there an express right-of-way? Yes. Written down, binding, no ambiguity. The driveway must stay clear for access. Usual defence follows: “I’ve always parked here.” Irrelevant. Habit doesn’t override legal rights. Blocking a right-of-way is unlawful interference.

B) Use the legal test. Valid right of way? Yes. Interference? Yes. Still usable conveniently? No. Court action, injunctions, and damages are possible, but they are a last resort. Instead, a firm, clear letter sets out the law in plain English. No bluster. No threats. Just facts.

Faced with the risk of court, the neighbour backs down. No judge, no huge legal bills. Problem solved early.

That’s how shared driveway disputes usually end, not with fuss, but with the law applied properly before a neighbourly spat turns messy.

 Why it matters to high street firms

A good property solicitor rarely rushes to court. Their role in these instances usually follows three stages:

  1. Clarify the legal position: Most disputes calm once the client understands where their case is strong and where it isn’t. This involves checking title deeds, Land Registry plans, surveys, aerial photos, witness statements, and historic documents. Clarity changes everything.

  2. Set boundaries, legally and literally: A measured letter can prevent escalation. It outlines what land the client owns, why the neighbour’s actions are trespass or interference, and what remedy is sought, stopping parking or removing an obstruction.

  3. Champion mediation: Court is expensive, slow, and stressful. Solicitors push mediation to find practical, long-term solutions, adjusted boundaries, shared access agreements, sensible compromises. The goal is coexistence, not just winning on paper!

Clients aren’t just worried about land. They want neighbourly peace and comfort at home. A good property solicitor delivers advice calmly, resolving problems before they escalate.

Substantial Interference

The law only steps in when annoyance crosses a legal threshold. Mere inconvenience isn’t enough.

Interference must genuinely undermine the legal right. A gate across a right-of-way may irritate, but if access is preserved, it usually doesn’t meet the legal test. 

🤔 So what?

🌟Interview gold:

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