Boundary law and management

Understanding Boundary Law

Boundary law is a branch of property law that addresses the demarcation of property lines and the associated legal rights and responsibilities.
It encompasses laws related to rivers, hedgerows, fences, and walls, which can act as natural or man-made boundaries.
Boundary law can also refer to rules regarding who is responsible for the maintenance of certain boundaries, such as hedges or shared fences.
Disputes in boundary law are often sorted out in court, but they can also be resolved with mediation or arbitration.

In the UK, the Hedgerows Regulations 1997 control the removal of most countryside hedgerows.
The Highways Act 1980 stipulates rules around fences, trees and hedges in relation to roads and footpaths.
The Property Boundaries (Resolution of Disputes) Act 2007 provides a framework for the resolution of boundary disputes.
The Anti-Social Behaviour, Crime and Policing Act 2014 includes provisions that deal with high hedges which act as boundaries.

Regular inspections are required to maintain the integrity of boundaries, including checking for decay or damage to fences, walls and hedgerows.
Hedgerow management includes tasks such as trimming, laying and coppicing to maintain a healthy hedge that respects the defined boundary.
The removal of a boundary feature like a hedgerow must comply with specific legislation, and may require permission.
When a boundary feature becomes a nuisance, such as a high hedge blocking light, there are legal measures in place to manage them.

Disputes are often the result of unclear or disputed boundary descriptions in deeds and land registration documents.
Boundary disputes can be resolved by referring to land registration plans, historical documents, and evidence of past boundary treatments.
If resolution can’t be reached informally, a formal dispute resolution mechanism may have to be triggered.
A chartered land surveyor can provide professional advice and evidence in boundary disputes.