Boundary encroachment happens when a structure, fence, wall, hedge or planting on a neighbouring property physically crosses the legal boundary line and sits on your land without permission. It's one of the most common forms of neighbour boundary dispute in England and Wales, and it can arise gradually — a fence rebuilt a few inches over, a garage extension that clips the true line, or a hedge left to grow unchecked — or all at once, when a new build or extension is constructed without proper reference to the title plan.
Left unaddressed, an encroachment on your property can harden into a legal problem. Under UK adverse possession law, a neighbour who occupies land they mistakenly believe is theirs may, after a sustained period of unchallenged possession, be able to apply to HM Land Registry to have that land registered in their name. Acting early — before an encroachment becomes an adverse possession claim — is the single most effective way to protect what's yours.
This is different from a party wall matter, which is governed by the Party Wall etc. Act 1996 and concerns shared walls, structures and excavations near a boundary rather than the position of the boundary line itself. If you're unsure which applies to you, our surveyors can quickly tell you whether you need a boundary determination, a party wall surveyor, or both.
The longer a boundary trespass goes unchallenged, the harder it can become to resolve — and the stronger any adverse possession claim against you may grow. Getting an independent measurement and written record in place early protects your legal position, whether the matter is ultimately settled by conversation, mediation, an expert determination, or in court.
Site survey checked against your title deed and Land Registry plan.
Photographic and written records documenting the encroachment.
A determination usable in mediation, negotiation or court.
"Our neighbour's extension had crept onto our garden by nearly a metre. The survey report settled it within weeks — no court needed."
The six stages of resolving a dispute, from gathering the paperwork through to court — and where each one usually ends.
Read the guide →How a pre-build boundary survey prevents encroachment disputes with neighbours before they start.
Read more →If your neighbour says you've crossed the line, here's how an independent survey protects you too.
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