By Aitch Mac on Thursday, 21 August 2025
Category: General

Who Owns What? When Boundaries Cause Big Problems

Property Quorum – Thursday 21st August at 10am

Property boundaries might seem straightforward at first glance, yet they have an uncanny ability to become some of the most complex, costly, and emotionally charged disputes in property ownership. What starts as a small misunderstanding – a misplaced fence post, a driveway edging too far, or an old deed that doesn’t match today’s land registry plan – can quickly grow into a protracted battle that drags on for months or even years.

On next Thursday’s Property Quorum, hosted by Gareth Wax and joined by Hamish McLay, Juliet Baboolal, and Chris Gilsenan, we’ll be exploring the situations where these lines on a map lead to major headaches. The need to establish exactly who owns what is not just a legal formality – it can be the key to protecting relationships, preserving property values, and avoiding spiralling costs.

Across the UK, there’s no shortage of cases where boundary disputes have escalated far beyond what the land in question might be worth. From high-profile court battles over a few inches of soil to instances where a simple disagreement about a garden fence led to hundreds of thousands in legal fees, the consequences can be staggering.

Many of these disputes have been fuelled by outdated surveys, vague or contradictory deeds, and encroachments where a structure crosses onto neighbouring land. Disagreements over rights of way and easements also remain a common flashpoint, particularly where access or shared use is in question.

Then there’s the thorny issue of adverse possession – the legal principle sometimes referred to as “squatter’s rights” – which can completely alter who owns a piece of land if it has been used without challenge over a set period. This can catch owners by surprise, especially if the occupation has gone unnoticed for years.

Post lock-down, more people have been paying closer attention to their gardens, driveways, and shared spaces, which has led to a noticeable rise in these disputes. Add in the fact that Land Registry title plans often work to a scale that makes precision difficult, and that historic markers like hedges or walls may have shifted over time, and it’s easy to see why the question of “Who owns what?” is not always as simple as it should be.

The discussion will cover how boundaries are legally recorded, the part surveyors and historical title searches can play, and the fact that common assumptions about fence ownership are not always supported by the legal position. It will also touch on the range of options that can be available for resolving disputes, from informal agreements to formal processes.

While it’s tempting to think these disputes are rare or easy to sort out, the reality is they can affect anyone – whether you’re a homeowner, investor, developer, or property professional. Understanding the potential triggers, recognising the early warning signs, and knowing the tools available to resolve disagreements can make all the difference.

Join Gareth, Hamish, Juliet, and Chris live on Thursday 21st August at 10am for a grounded, informative conversation about the risks, the realities, and the remedies. If you deal with property in any capacity, this is a discussion worth hearing – it might even save you from a boundary dispute of your own.

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