Boundary Disputes When Selling a House

Boundary disputes are one of the most common property problems that surface during the conveyancing process, and they can have a serious impact on your ability to sell. Whether it is a disagreement with a neighbour about who owns a fence, a shed that encroaches over the boundary line, or a title plan that does not match what is on the ground, these issues can slow down or even collapse a sale if they are not handled properly.

This guide explains how boundary disputes affect the sale process in England and Wales, what you are legally required to disclose, and the practical steps you can take to resolve disputes before or during a sale. It is written from the seller's perspective and covers the current legal framework including the Land Registration Act 2002, the Party Wall etc. Act 1996, and the Law Society's TA6 Property Information Form (4th edition, 2020).

What counts as a boundary dispute?

A boundary dispute is any disagreement between neighbouring property owners about where a boundary lies, who owns it, or who is responsible for maintaining it. Disputes range from minor disagreements about hedge trimming to serious legal conflicts over land ownership. The following all qualify as boundary disputes that must be disclosed when selling:

• A neighbour claiming that your fence, wall, or hedge is on their land
• A disagreement about who is responsible for maintaining a shared boundary
• A structure (shed, extension, driveway) that crosses the legal boundary — known as encroachment
• A formal complaint or solicitor's letter from a neighbour about boundary positions
• A dispute that has been referred to mediation, the Land Registry, or the courts
• A past dispute that was resolved, including those settled informally

It is important to understand that even resolved disputes must be disclosed. The TA6 form asks about disputes that "have existed" — not just those that are currently active. For a detailed explanation of how to complete the boundaries section of the TA6, see our guide to the TA6 boundaries question.

What you must disclose when selling

Sellers in England and Wales have a legal obligation to answer theproperty information form honestly. Two sections are directly relevant to boundary disputes:

• Section 3 (Boundaries) — asks which boundaries you own or are responsible for, whether there have been any boundary disputes, and whether any boundary agreements are in place.
• Section 10 (Disputes and complaints) — asks about any disputes, complaints, or disagreements with neighbours or other parties, including those that have been resolved.

Your answers in both sections must be consistent. If you mention a boundary dispute in Section 3 but omit it from Section 10 (or vice versa), the buyer's solicitor will raise the inconsistency as an additional enquiry, causing delays. For broader guidance on your disclosure obligations, see our guide on what to disclose when selling your property.

The consequences of non-disclosure are serious. Under the Misrepresentation Act 1967, a buyer who discovers a concealed boundary dispute after completion can claim damages or, in extreme cases, seek to rescind the contract. The Consumer Protection from Unfair Trading Regulations 2008 also apply to property sellers, treating a deliberate omission of material information as a misleading omission. Honest disclosure — even of inconvenient facts — is always the safer course.

How boundary disputes affect your sale

The impact of a boundary dispute on your sale depends on its nature, severity, and whether it has been resolved. Here is how disputes typically create problems during the conveyancing process:

Boundary disputes are one of the reasons that house sales fall through in England and Wales. The earlier you address the issue, the less likely it is to cause problems once a buyer is committed.

How the buyer's solicitor investigates boundary issues

When a buyer's solicitor receives the draft contract pack, they will review the title register, title plan, and your TA6 answers for any boundary concerns. This review is part of the standard conveyancing enquiries process. Specific things they will check include:

• Whether your TA6 answers about boundary ownership match the T-marks (or absence of T-marks) on the title plan
• Whether any disputes or complaints are disclosed in Sections 3 and 10 of the TA6
• Whether the Land Registry title register contains any notices, restrictions, or references to boundary agreements
• Whether physical boundaries visible on satellite imagery or site plans appear to match the title plan
• Whether any party wall notices or awards have been served during your ownership

If any of these checks raise concerns, the buyer's solicitor will send formal enquiries — written questions that you must answer through your solicitor. Each round of enquiries adds time. Being thorough and honest in your TA6 from the outset reduces the number of follow-up questions and keeps the sale on track.

Options for resolving boundary disputes before selling

If you have an active boundary dispute, resolving it before marketing your property is strongly advisable. There are several approaches, ranging from informal conversations to formal legal proceedings. The right approach depends on the nature and severity of the dispute.

1. Informal agreement with your neighbour

Many boundary disputes can be resolved through a direct conversation. If you and your neighbour can agree on the boundary position or maintenance responsibility, put the agreement in writing and both sign it. While an informal written agreement is not automatically binding on future owners, it demonstrates that the dispute has been settled and provides the buyer's solicitor with evidence of resolution. For maximum protection, ask your solicitor to draft a formal boundary agreement as a deed that can be registered at the Land Registry against both titles.

2. Mediation

If direct negotiation has not worked, mediation is a structured alternative. RICS offers a neighbour disputes resolution service, and many qualified mediators specialise in boundary and property disputes. Mediation is typically faster and cheaper than legal proceedings — most cases settle within a single day session costing between 500 and 2,000 pounds, split between both parties. HM Land Registry also recommends mediation as a first step before more formal proceedings.

3. Determined boundary application

Under section 60(3) of the Land Registration Act 2002, either party can apply to the Land Registry to have the exact boundary line determined. This is known as a determined boundary application. It requires a surveyor's plan prepared to Land Registry specifications and an application fee (currently 90 pounds). The process can take 3 to 12 months and the neighbour has the right to object, which can lead to the matter being referred to the First-tier Tribunal (Property Chamber). A determined boundary application provides a definitive legal answer, but it is more expensive and time-consuming than negotiation or mediation.

4. Court proceedings

As a last resort, boundary disputes can be resolved through the county court or the First-tier Tribunal (Property Chamber). Court proceedings are expensive (legal costs can run into tens of thousands of pounds), adversarial, and slow (6 months to over a year). They should only be considered when other options have been exhausted and the financial stakes justify the cost. HM Land Registry and RICS both strongly encourage alternative dispute resolution before litigation.

5. Indemnity insurance

Where a boundary issue cannot be fully resolved before the sale — for example, a minor encroachment where the neighbour is unresponsive — indemnity insurance offers a pragmatic solution. A boundary indemnity policy protects the buyer and their lender against financial loss if the issue leads to a legal claim in the future. Policies are typically arranged by the seller's solicitor and cost between 50 and 300 pounds as a one-off premium. Indemnity insurance does not fix the underlying problem, but it is often sufficient to satisfy a buyer's lender and allow the sale to proceed.

The Party Wall Act and boundary disputes

The Party Wall etc. Act 1996 is relevant when a boundary dispute involves a shared wall or when building work is being carried out near a boundary. The Act applies in three main situations:

1. Work on a party wall — a wall that sits on or straddles the boundary between two properties, common in terraced and semi-detached houses. The owner proposing work must serve a party wall notice at least two months before work begins.
2. Building on the boundary line — constructing a new wall or structure on the boundary itself requires notice under the Act.
3. Excavation near a boundary — excavating within 3 metres of a neighbouring building (or within 6 metres if the excavation will go below the neighbour's foundations) requires notice.

If a party wall notice has been served during your ownership — by you or by your neighbour — you must disclose it on the TA6. If a party wall award was made (a formal agreement drawn up by party wall surveyors), provide a copy. Party wall awards run with the land and bind future owners, so they are directly relevant to the buyer. Any disputes arising from party wall matters should also be disclosed.

Practical steps for sellers

If you know or suspect that a boundary issue exists, here is a step-by-step approach to dealing with it before or during your sale:

1. Download your title register and title plan. Both are available from HM Land Registry at gov.uk/search-property-information-service for £3 each. Check for T-marks, H-marks, and any notes about boundary agreements or covenants.
2. Walk your boundaries and compare with the title plan. Note any discrepancies between the physical boundaries (fences, walls, hedges) and what the title plan shows. Photograph anything that could raise questions.
3. Talk to your neighbour early. If there is a disagreement, try to resolve it through direct conversation before listing. A written agreement, even an informal one, is better than an unaddressed dispute.
4. Instruct a RICS surveyor if needed. If the boundary position is genuinely uncertain, a measured survey by a RICS-qualified surveyor (costing 500 to 1,500 pounds) provides evidence that can support your TA6 answers and help resolve the dispute.
5. Complete your TA6 honestly and thoroughly. Answer every boundary question in full. If you do not know the answer, say "Not known" and explain why. If there is a dispute, disclose it in both Section 3 and Section 10. Attach any supporting documents.
6. Consider indemnity insurance. If the dispute cannot be fully resolved, ask your solicitor about boundary indemnity insurance. It is inexpensive and can make the difference between a sale proceeding and a sale collapsing.
7. Brief your solicitor before listing. Make sure your solicitor knows about any boundary issues from the start. They can advise on the best approach and prepare for the enquiries that the buyer's solicitor is likely to raise.

What if the dispute arises during the sale?

Sometimes a boundary dispute surfaces after you have already accepted an offer — for example, if the buyer's surveyor identifies an encroachment that you were not aware of, or if a neighbour raises a complaint during the sale process. If this happens:

• Inform your solicitor immediately. They need to know about any new issues so they can manage the buyer's solicitor's enquiries effectively.
• Update your TA6 answers. If you gave an answer that is now incomplete or inaccurate in light of the new information, provide an updated response through your solicitor.
• Act quickly to resolve the issue. Speed matters when a buyer is waiting. If the dispute can be settled with a conversation, a written agreement, or indemnity insurance, deal with it promptly rather than letting it fester.
• Be transparent with your buyer. Buyers are more likely to proceed if they feel the seller is being open and proactive about resolving problems. Concealing or minimising issues damages trust and increases the risk of the sale falling through.

Preparing early with Pine

Most boundary issues that derail sales are discoverable well before a buyer enters the picture. The problem is that the traditional conveyancing process leaves all preparation until after an offer is accepted, creating pressure and delays at the worst possible time.

Pine helps sellers get ahead by completing the TA6 Property Information Form — including the boundaries and disputes sections — before listing. By identifying boundary uncertainties, gathering title documents, and addressing potential issues on your own timeline, you avoid the scramble that causes so many sales to stall. If indemnity insurance is needed, you can arrange it calmly rather than under deadline pressure from a buyer's solicitor.

Combined with upfront property searches and a completed TA10 fittings form, a well-prepared legal pack means your solicitor can issue the draft contract to the buyer's side almost immediately after an offer is accepted — cutting weeks off the conveyancing timeline and significantly reducing the risk of your sale falling through.

What buyer enquiries ask about boundaries and access

Boundary enquiries are among the most common raised by a buyer's solicitor during the conveyancing process. Even where no dispute exists, the buyer's legal team will want to understand the boundary position in detail before advising their client to proceed. These enquiries are generated from the TA6 answers, the title plan, and the results of the property searches, and they follow a broadly predictable pattern.

Typical enquiry questions include:

• Who owns each boundary feature (fence, wall, or hedge) around the property?
• Have any boundaries ever been disputed with a neighbour or previous owner?
• Has any neighbour encroached on your land, or have you encroached on theirs?
• Are there any shared access arrangements — for example, a shared driveway, path, or alleyway?
• Do any physical boundaries differ from the positions shown on the title plan?

When answering these enquiries, keep your responses factual and refer directly to the title plan wherever possible. Avoid speculation about historical boundary positions and do not volunteer opinions about where you believe a boundary "should" be. If a dispute has occurred in the past — even one that was resolved amicably — you must disclose it. The buyer's solicitor will view a later discovery of an undisclosed dispute far more seriously than a dispute that was openly acknowledged and properly documented.

If your property has shared access arrangements, provide full details including any written agreements, maintenance responsibilities, and whether the right of access is recorded on the title register. Shared access is a frequent source of post-completion disputes, so the buyer's solicitor will want clear answers.

Title plan doesn't match physical boundary: what to do

One of the most common issues that arises during a property sale is a discrepancy between the Land Registry title plan and the physical boundaries on the ground. This is not unusual and does not automatically indicate a problem. Under the general boundaries rule established by the Land Registration Act 2002, title plans show only the approximate position of boundaries — not the exact legal line. The red edging on a title plan is drawn to indicate general location, not to fix a precise boundary.

There are several common reasons why a title plan may not match what is physically on the ground:

• Fences, walls, or hedges have been moved, replaced, or allowed to grow over the years, gradually shifting the apparent boundary line
• Extensions, conservatories, or outbuildings have been constructed close to or near the boundary, altering the layout from what the title plan was originally based on
• Previous owners informally agreed different boundary lines with their neighbours — for example, straightening a boundary by mutual agreement — without updating the Land Registry records
• The Ordnance Survey mapping that underpins the title plan may have been captured at a time when physical features were in different positions

If you discover a discrepancy between your title plan and the physical boundaries, there are several options for resolving the situation:

1. Agree the position with your neighbour and document it in writing. If both parties agree on where the boundary lies, a signed boundary agreement (ideally prepared as a deed by a solicitor) provides clear evidence for the buyer and their solicitor. This is the simplest and quickest approach where the discrepancy is minor and there is no disagreement.
2. Apply to the Land Registry for a determined boundary. Using Form DB, you can apply under section 60(3) of the Land Registration Act 2002 to have the exact boundary line legally determined. This gives a definitive legal answer and is recorded permanently on the title plan. The process requires a surveyor's plan, an application fee (currently 90 pounds), and can take 3 to 12 months — but it provides the highest level of certainty.
3. Obtain indemnity insurance. If the discrepancy is minor and there is no active dispute with a neighbour, boundary indemnity insurance can provide the buyer and their lender with financial protection against any future claim. This is a pragmatic and inexpensive solution (typically 50 to 300 pounds) that is widely accepted by mortgage lenders.
4. Commission a surveyor to map the exact boundary. A RICS-qualified surveyor can prepare a measured plan overlaying the physical features onto the title plan, clearly identifying where discrepancies exist and their extent. This evidence can support a boundary agreement, a determined boundary application, or simply provide reassurance to the buyer's solicitor.

It is worth checking your title plan against the physical boundaries early in the sale process, ideally before listing. For guidance on reviewing your title documents, see our guide on checking your Land Registry title before selling. Identifying and addressing a discrepancy on your own timeline is far easier than dealing with it under pressure from a buyer's solicitor during conveyancing.

Sources

• Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
• HM Land Registry — Practice Guide 40: HM Land Registry plans (general boundaries) — gov.uk/government/publications/land-registry-plans-the-basis-of-land-registry-plans
• Land Registration Act 2002, Section 60 (Boundaries) — legislation.gov.uk
• HM Land Registry — Property boundaries and disputes: gov.uk/government/publications/boundary-disputes
• Party Wall etc. Act 1996 — legislation.gov.uk
• RICS — Boundary Disputes: RICS Guidance Note, 2021 — rics.org
• RICS — Neighbour Disputes Resolution Service — rics.org
• Misrepresentation Act 1967 — legislation.gov.uk
• Consumer Protection from Unfair Trading Regulations 2008 — legislation.gov.uk
• HM Land Registry — Search for property information service: gov.uk/search-property-information-service

Frequently asked questions