Boundaries separate your house (and garden) from your neighbour’s and can often be unclear, leading to neighbour disputes.
The title deeds for your property should tell you where the general boundaries of your property are. They tend to include a plan showing whether you own garden around your property, or in the case of a flat, any communal grounds and garages / outbuildings.
If you don’t have a copy of your title deeds, you should be able to obtain one either from your solicitor or directly from the Registers of Scotland – there will be a Title Sheet in the Land Register showing your property. If your property is not yet registered in the Land Register, you will probably need your solicitor’s help to obtain copies.
The physical and legal boundaries of your home are sometimes different from each other and this can cause confusion. A physical boundary is what’s actually on the ground and what you can see e.g. a fence, hedge or pathway. A legal boundary is what is described in your title deeds.
It is important to know and understand your boundaries, especially if you are considering an extension to your property (or indeed if your neighbour is planning on doing so and you feel they may be encroaching on your land and going over the existing boundary).
Similarly, if you or your neighbour builds a fence, or grows a hedge beside, or on top of, the legal boundary, this may cause tension. Neighbour disputes over boundaries to gardens are commonplace, especially as we approach Spring and Summer when people start planting trees or building new fences for more privacy and do so over the boundaries they had before.
If you live in a flat, the garden is often a communal space, legally shared with your neighbours. It can often be difficult, even with the Title Deeds, to see what areas are legally yours. Driveways for example often legally belong to the ground floor property in a block of flats, however the other residents will have a ‘right of access’ over the driveway and therefore can have a voice in any development there.
Be open with your neighbours about any plans that may impact the boundaries of your properties and if you are extending your property, always make sure you get planning permission and a building warrant before any work starts. If your extension goes over the boundary into your neighbours’ land, not only will this cause all sorts of difficulties with your neighbour, it can also be problematic if you decide to sell your house in the future.
If you’re having a dispute with a neighbour over a boundary, make sure you get legal advice at the earliest opportunity.