If you share a boundary with a neighbouring property, questions about fence ownership can easily arise. You may find yourself unsure who is responsible for the fence, whether it can be moved, or what your options are when the boundary line isn’t clear.
Uncertainty like this can feel uncomfortable when you want to keep a good relationship with your neighbour and avoid misunderstandings.
At Stokemont, our surveyors support you with clear guidance on fence ownership and boundary matters. To make it as stress-free as possible, we’ll walk you through fence ownership, when a fence can be moved lawfully, and what steps to take if a boundary dispute arises.
Can a Neighbour Move a Boundary Fence?
In most situations, a neighbour cannot move your boundary fence if all of the following apply:
- You own the fence.
- The fence is positioned correctly on your land.
- There is no legal agreement stating otherwise.
Fence ownership isn’t always obvious, and responsibility doesn’t automatically sit with the person who maintains it. Where ownership is clear and the fence is correctly located, a neighbour has no automatic right to move it.
Moving a fence without permission in these circumstances could amount to trespass or criminal damage, which may carry legal consequences.
However, this position relies on the assumption that the fence is genuinely located along the correct legal boundary. This is where boundary surveys become important.
What Happens if a Boundary Survey Shows the Fence Is in the Wrong Place?
A boundary survey may confirm that a fence has been installed on neighbouring land. In this situation, the adjoining owner may have the right to move the fence, but action can’t be taken straight away.
Before any fence is moved:
- The boundary survey report should be shared with you.
- You should be given time to review and respond.
- You may accept the findings or instruct your own surveyor to carry out a separate boundary survey.
Where both survey reports confirm that the fence encroaches onto neighbouring land, the neighbour may apply for a legal injunction requiring the fence to be reinstated in the correct position.
If the survey reports conflict, either party may request the appointment of an independent third surveyor. This surveyor will review the existing reports and reach an independent conclusion.
With a boundary agreement from both parties, the outcome of the third survey can be legally binding. Should the fence be found to sit on neighbouring land, the neighbour would then be entitled to remove and reposition it.
Can Adverse Possession Prevent a Fence from Being Moved?
It may be possible to claim ownership of land through adverse possession, even where the land is legally registered to another party. Adverse possession is governed by the Land Registration Act 2002 and allows an application to be made where specific conditions are met.
A claim may be possible where the land has been occupied for more than ten years, the occupier believed they were the rightful owner during that time, and the land has been maintained or altered as their own. An application is made to HM Land Registry using an ADV1 form.
Meeting these conditions doesn’t guarantee success, but it may strengthen your application. Once a claim is submitted, a neighbour can’t move the fence unless the claim is formally challenged.
At Stokemont, our team can talk through your situation and help you understand the options available before any decisions are made. Get in touch today.
How Can You Check Where the Legal Boundary Is?
Establishing the exact location of a legal boundary isn’t always straightforward. Title plans from HM Land Registry show general boundaries only and aren’t drawn to a precise scale, meaning they can’t be relied upon to determine exact fence positions.
To establish a boundary accurately, our chartered surveyors review a combination of legal documents and physical evidence. This usually includes title deeds, Land Registry records, historical plans, and conveyance documents, alongside physical features on site such as fences, walls, and hedges.
A professional boundary survey carried out by our team can help confirm the boundary position and reduce the risk of further disagreement. Learn more about us and how we work.
What Evidence Is Used in a Boundary Dispute?
When a boundary dispute arises, decisions are based on documentary and physical evidence, not assumptions or long-standing habits.
Common forms of evidence include:
- Property deeds and historical conveyance plans.
- Boundary agreements or past correspondence.
- Surveyor reports and measured site plans.
- Aerial photography and historical mapping.
- Physical features that have existed over time.
The strength and consistency of this evidence will influence whether a fence can lawfully be moved or must remain in its current position.
When Should You Seek Professional Advice?
Uncertainty over boundary positions, disagreements with neighbours, or concerns about fences being moved can leave property owners unsure of what to do next. These situations often arise where documentation is difficult to interpret, or informal agreements have been relied upon.
This is where Stokemont can assist. Our team provides clear, measured advice to help clients understand their position and the options available. We take a careful and practical approach, explaining findings clearly and guiding clients through each stage of the process.
Our aim is to deliver a high-quality service that reduces stress and helps disputes move towards a clear resolution. By focusing on accuracy, communication, and client satisfaction, we support property owners in reaching outcomes they can feel confident about.
Concerned about a boundary issue? Book a free consultation and request a quote.
Boundary Fence FAQs
Are Land Registry plans enough to settle a boundary dispute?
Land Registry plans show general boundaries only. They aren’t precise enough to determine exact boundary positions on their own.
What should I do if I disagree with my neighbour’s boundary survey?
If you disagree with your neighbour’s boundary survey, you are entitled to instruct your own chartered surveyor to carry out an independent assessment. Where the survey reports reach different conclusions, an independent third surveyor may be appointed to review both reports and provide a balanced determination.
Can adverse possession stop my neighbour from moving the fence?
It can, but only if a valid claim is made and accepted. If a neighbour has moved a boundary fence or plans to move it, the fence should stay in place while the claim is being considered. Any action taken before a decision is made may cause further problems.
