Yes, you can sell a house while a boundary dispute is ongoing. There is no general legal requirement in England and Wales to resolve a disagreement with your neighbour before putting your property on the market. However, you must provide accurate information about relevant boundary disputes during the conveyancing process, and an unresolved disagreement could affect the sale.
A boundary dispute may make buyers reluctant to proceed, create concerns for mortgage lenders or lead to additional legal enquiries. In some cases, it could result in a reduced offer or cause the buyer to withdraw altogether.
The seriousness of the dispute makes a considerable difference. A disagreement about who should maintain a garden fence is not necessarily as significant as a neighbour claiming ownership of part of your driveway or refusing access to your property.
If you are planning to sell a house with a boundary dispute, understanding your disclosure responsibilities and the available options for resolving the disagreement can help you avoid unnecessary delays and potential legal problems.
Do You Have to Declare a Boundary Dispute When Selling?
Yes. If you have an ongoing boundary dispute, you must answer the relevant questions in the property information forms truthfully and accurately. Previous disputes may also need to be disclosed, even if they have been resolved.
During the conveyancing process, sellers normally complete a TA6 Property Information Form. This contains questions about the property that buyers need to understand before exchanging contracts.
The current sixth edition includes separate sections dealing with boundaries and disputes.
What counts as a boundary dispute?
A boundary dispute occurs when neighbouring property owners disagree about the location of their legal boundary, ownership of land or related rights and responsibilities.
Examples include:
- A neighbour claiming that your garden fence extends onto their land.
- Disagreement about the ownership of a strip of land between two houses.
- A fence or wall being moved without agreement.
- An extension, garage or outbuilding allegedly crossing the legal boundary.
- A dispute about access along a shared driveway.
- A disagreement about who must maintain a boundary wall.
- A neighbour claiming ownership of land that you consider part of your property.
Not every conversation about a fence or hedge amounts to a formal legal dispute. However, the absence of court proceedings does not mean that an ongoing disagreement can automatically be ignored.
For example, if you have exchanged letters with your neighbour challenging the position of a fence, that correspondence may be relevant even if neither party has instructed a solicitor.
If you are uncertain whether a disagreement should be declared, ask your conveyancing solicitor before completing the form.
Do you have to disclose a dispute that has already been resolved?
Previous boundary disputes may still be relevant to a buyer.
Suppose you and your neighbour disagreed about the position of a fence three years ago, obtained professional advice and subsequently signed a written boundary agreement.
The dispute may no longer be active, but the buyer should still receive accurate answers to the relevant questions about previous disagreements and boundary arrangements.
You can explain how the dispute was resolved and provide supporting documentation.
A properly documented resolution may reassure a buyer more than an unexplained statement that there was once a disagreement.
What Happens If You Do Not Disclose a Boundary Dispute?
Failing to disclose relevant information, or providing misleading answers, can expose you to a claim for misrepresentation.
Misrepresentation occurs when a false statement of fact induces another party to enter into a contract.
For example, imagine that a seller has received several letters from a neighbour claiming ownership of part of the garden. When completing the TA6, the seller incorrectly states that there have been no boundary disputes.
After completion, the buyer discovers the correspondence and faces a legal challenge from the neighbour.
Depending on the circumstances, the buyer may have grounds to pursue the seller for losses arising from the inaccurate information.
Possible legal consequences include:
- A claim for financial compensation.
- Legal expenses associated with defending the claim.
- An attempt to rescind the contract where the legal requirements for that remedy are satisfied.
- A dispute about statements or contractual promises made during the transaction.
These consequences are not automatic. The outcome depends on the statements made, the buyer’s reliance on them, the resulting loss and the applicable law.
Nevertheless, withholding relevant information can create substantial problems long after the property has changed hands.
Can you simply say that you do not know where the boundary is?
If you genuinely do not know who owns or maintains a particular boundary, you should say so rather than guessing.
There is an important difference between uncertainty about the exact location of a boundary and an existing dispute about that boundary.
For example, a homeowner might not know whether they or their neighbour are responsible for replacing a fence. That uncertainty does not necessarily mean there has been a dispute.
However, if your neighbour has repeatedly claimed that the fence is on their land and demanded its removal, stating only that you are unsure of the boundary would not adequately explain the situation.
Your solicitor can advise how to provide an accurate answer.
Should you tell the estate agent before marketing the property?
You should inform your estate agent about a significant boundary dispute before marketing begins.
Estate agents have legal responsibilities concerning information that could materially influence a potential buyer’s decision.
The extent of the information required depends on the circumstances. A minor, resolved disagreement will not necessarily have the same significance as active proceedings concerning ownership of part of the property.
Providing accurate information early reduces the risk of the dispute emerging unexpectedly after a buyer has paid for searches, surveys and legal work.
How Can a Boundary Dispute Affect Your House Sale?
The effect depends on the nature of the disagreement, the land involved and whether there is a realistic prospect of resolving it.
A buyer may be willing to proceed where the dispute is minor, well documented or close to resolution.
However, uncertainty about ownership of an important part of the property can create more serious problems.
| Type of Dispute | Potential Effect on the Sale |
|---|---|
| Disagreement about fence maintenance | Additional enquiries about responsibility and any outstanding costs |
| Fence believed to be on the wrong side of the boundary | Buyer may request a survey or written agreement |
| Neighbour claiming part of the garden | Concerns about ownership, property value and future use |
| Dispute affecting a shared driveway | Questions about legal access rights and mortgage suitability |
| Extension allegedly built across a boundary | Additional investigation into ownership and possible remedies |
| Ongoing court proceedings | Increased uncertainty, legal costs and potentially substantial delays |
These are potential consequences rather than guaranteed outcomes.
Could the buyer withdraw?
Yes. Until contracts have been exchanged, a buyer in England and Wales can generally withdraw from the transaction without the contractual consequences that would normally arise after exchange, although they may lose money already spent on the purchase.
A buyer who discovers an unresolved boundary dispute may decide the property is too risky or that resolving the matter would involve excessive expense.
Others may continue but request a price reduction or insist that particular issues are addressed before exchange.
Our article on what happens after a house offer is accepted explains the steps between agreeing a sale and becoming legally committed.
Will a mortgage lender accept the property?
A boundary dispute does not automatically prevent a buyer from obtaining a mortgage.
However, a lender needs to be satisfied that the property provides acceptable security for the money being lent.
A dispute involving a narrow strip of unused garden may raise different concerns from one affecting the only vehicular access to a house.
The buyer’s solicitor may need to report a material title problem or unresolved issue to the mortgage lender.
The lender might then:
- Request further information about the dispute.
- Require a specialist survey or legal opinion.
- Ask for satisfactory evidence that the problem has been resolved.
- Reconsider its valuation or lending decision.
- Decline to proceed where the issue makes the security unacceptable.
The decision will depend on the lender’s requirements and the particular circumstances.
A seller cannot assume that a buyer’s mortgage approval will remain unaffected simply because the dispute concerns a relatively small area of land.
How Do You Establish Where the Legal Boundary Lies?
Before deciding how to deal with a boundary dispute, it is important to establish what the available evidence actually shows.
Many homeowners assume that the red line on their Land Registry title plan identifies the exact position of their legal boundary.
Usually, it does not.
In England and Wales, most registered title plans operate under the general boundaries rule. The red edging indicates the approximate extent of the registered property rather than identifying the precise legal boundary.
For this reason, an apparent difference between the title plan and a garden fence does not automatically establish that either neighbour has occupied land belonging to the other.
Examine the title documents
The first step is usually to obtain and review the property’s title register, title plan and any relevant historic deeds.
Some older conveyances or transfers contain plans and descriptions that provide further evidence about the original boundary.
Our article about HM Land Registry and first registration explains the importance of registered title information and historical deeds.
However, even the original documents may not establish the exact boundary without further interpretation.
Do fence posts show who owns the boundary?
There is no general legal rule that the position of fence posts determines ownership of a boundary.
Similarly, the assumption that homeowners always own the fence on a particular side of their garden is unreliable.
Some title deeds contain T-marks indicating responsibility for maintaining a wall, hedge or fence. These can be useful, but the wording of the relevant deed must also be checked.
Maintenance responsibility and ownership are not necessarily the same thing.
A person may have an obligation to maintain a boundary feature without owning the land beneath it.
Would a boundary survey help?
A chartered surveyor experienced in boundary disputes may be able to examine the site, historical plans, property deeds and physical features to provide an expert opinion.
The surveyor may consider:
- The original conveyance or transfer plans.
- Historic Ordnance Survey information.
- Previous boundary features.
- Measurements taken on site.
- Aerial photographs and other historical evidence.
- The relationship between the physical features and the title documents.
A specialist survey can help identify the issues and provide evidence for negotiations.
However, a surveyor’s opinion does not automatically settle a disputed legal boundary. If the neighbours continue to disagree, further legal steps may be necessary.
Can You Resolve the Boundary Dispute Before Selling?
Resolving the disagreement before marketing the property may make the sale easier, but it is not always essential or practical.
There are several possible approaches.
Discuss the issue directly with your neighbour
Where relations are reasonably cooperative, an informal discussion may be enough to clarify a misunderstanding.
For example, the disagreement might concern who maintains a fence rather than ownership of the land.
If the parties agree on the position, responsibility or necessary repairs, it may be possible to document the outcome without formal proceedings.
Keep a clear record of what has been agreed. Where the arrangement affects legal boundaries or property rights, obtain professional advice about whether a formal agreement is needed.
Consider a written boundary agreement
A boundary agreement can record the agreed position of an uncertain boundary or clarify responsibility for maintaining boundary features.
It may contain a written description, a plan or both.
Where appropriate, an application can be made to HM Land Registry to note the agreement against the relevant registered title.
An important distinction is that a boundary agreement clarifies an existing boundary. It is not a mechanism for selling or giving away land.
If the proposed settlement actually involves transferring ownership of land from one neighbour to another, a formal transfer and registration may be required.
This matters when selling because an informal arrangement about land ownership may not provide the buyer with the legal certainty they need.
Try mediation
Mediation allows the neighbouring owners to work towards a negotiated agreement with assistance from an independent mediator.
The Royal Institution of Chartered Surveyors operates a Boundary Disputes Mediation Service intended to help resolve disagreements without litigation.
The parties must agree to participate.
Mediation may be suitable where both neighbours are willing to discuss a compromise but have been unable to reach an agreement themselves.
Any settlement should be documented appropriately. If the arrangement affects registered land or property rights, legal advice may be needed to ensure it is properly implemented.
Apply for a determined boundary
Where a more precise record of the legal boundary is necessary, it may be possible to apply to HM Land Registry for a determined boundary.
An application usually requires sufficiently precise evidence and a professionally prepared plan showing the proposed line.
However, HM Land Registry does not decide boundary disputes between neighbours simply by examining competing claims.
If the neighbour objects to an application and the disagreement cannot be resolved, the matter may be referred to the First-tier Tribunal.
A determined boundary application should therefore not be viewed as a quick administrative solution to every disagreement.
Take legal action if necessary
Court proceedings may be appropriate where the dispute cannot be settled through negotiation or mediation and the legal rights involved need to be determined or enforced.
For example, proceedings may be considered where one owner alleges that a neighbour has occupied land belonging to them or has obstructed a legal right of access.
Litigation can be expensive and time-consuming. It may also make a sale more complicated while the outcome remains uncertain.
Before issuing proceedings, obtain advice about the strength of the evidence, potential costs, alternative dispute resolution and the likely effect on your proposed sale.
Can You Sell Without Resolving the Dispute?
Yes. Some buyers may still be prepared to purchase the property despite an outstanding boundary dispute.
The important consideration is whether the buyer fully understands the issue and is willing and legally able to proceed.
For example, a buyer purchasing with cash may have greater flexibility than someone whose mortgage lender requires the dispute to be resolved.
However, a cash purchase does not eliminate the underlying legal problem.
The new owner may still face the disagreement, potential legal proceedings or uncertainty about the land.
Selling at an agreed reduced price
Where the dispute is unlikely to be resolved before completion, the seller and buyer might negotiate a price that reflects the uncertainty.
The buyer may consider potential legal costs, the possibility of losing use of the disputed area and the effect on future resale.
A reduced price is a commercial agreement, not a legal resolution.
It does not remove the need to provide accurate information about the dispute or address any relevant contractual and title issues.
Can indemnity insurance solve the problem?
Property indemnity insurance can sometimes be used to address certain legal title risks.
However, a known and actively contested boundary dispute may not be suitable for standard title indemnity insurance.
These policies have specific eligibility conditions, exclusions and restrictions. Insurance should never be assumed to resolve the ownership disagreement itself.
Your solicitor would need to consider the particular risk, whether suitable cover is available and whether the buyer and mortgage lender would accept it.
It would be misleading to suggest that simply purchasing an insurance policy can make an unresolved boundary dispute disappear.
Can you transfer the dispute to the buyer?
The buyer may agree to purchase the property with knowledge of an unresolved boundary problem.
However, this does not necessarily mean that existing court proceedings, claims or liabilities are automatically transferred to them.
Any continuing legal proceedings and associated rights or obligations need to be considered separately.
The buyer’s solicitor must also be satisfied that the contractual arrangements adequately reflect the situation.
Will a Boundary Dispute Reduce the Value of Your Property?
It can, but there is no reliable fixed percentage by which every boundary dispute reduces a property’s value.
The impact depends on what is being disputed and how it affects the use, enjoyment or marketability of the property.
For example, a dispute about maintaining a short garden fence may have little effect if the responsibility is clarified and the cost is modest.
A dispute concerning ownership of a driveway may be far more significant, particularly where access is essential for parking or reaching the property.
Buyers may take account of:
- The amount and importance of the disputed land.
- Whether the dispute affects access, parking or extensions.
- The likelihood of future legal proceedings.
- The cost of obtaining specialist advice.
- Whether the mortgage lender will accept the title.
- The time and uncertainty involved in finding a resolution.
- The potential effect on selling the property again.
A professional valuation may help establish how the market could respond to the specific circumstances.
Sellers should avoid assuming that a small physical area always means a small financial risk.
The importance of the disputed land may matter more than its dimensions.
What Documents Should You Prepare Before Selling?
Gathering the relevant evidence early can help your solicitor understand the dispute and give the buyer accurate information.
Useful documents may include:
- The title register and Land Registry title plan.
- Historic property deeds and conveyance plans.
- Letters, emails or messages exchanged with the neighbour.
- Photographs showing the boundary and any changes.
- Reports from chartered surveyors.
- Previous boundary agreements.
- Correspondence from solicitors.
- Relevant court or tribunal documents.
- Notices or awards relating to party wall works.
- Any existing documents concerning rights of way or access.
Arrange the documents chronologically where possible.
For example, if a fence was moved in 2023, the neighbour objected in 2024 and the parties reached an agreement in 2025, providing this sequence will help explain what happened and the present position.
Where a dispute has been resolved, make sure you can provide evidence of the agreement rather than relying solely on a verbal assurance.
Should you make changes to the boundary before selling?
Avoid moving fences, removing walls or altering disputed features simply to make the property appear more straightforward to a buyer.
If the boundary is legally uncertain, carrying out physical work without agreement could worsen the disagreement or expose you to further allegations.
Discuss proposed changes with the relevant professionals first.
How Long Can a Boundary Dispute Delay a Property Sale?
There is no standard additional conveyancing period for a sale involving a boundary dispute.
The delay may be minimal where the seller has already obtained evidence of a previous resolution and the buyer is satisfied with the explanation.
A live dispute involving a substantial area of land may take significantly longer.
Additional time could be needed to obtain a survey, locate historic deeds, negotiate an agreement or satisfy a mortgage lender’s requirements.
If the parties become involved in litigation, the resolution may take considerably longer than the usual conveyancing process.
Can you exchange contracts while the dispute remains unresolved?
Potentially, yes, provided the buyer is prepared to proceed, the necessary legal requirements have been satisfied and any mortgage lender’s conditions have been met.
The terms of the contract and the information disclosed to the buyer must accurately reflect the agreed arrangements.
However, sellers should not exchange contracts assuming that the dispute will somehow be resolved before completion.
Once contracts have been exchanged, the parties normally become legally committed to the transaction. Failure to complete can have serious financial and legal consequences.
Any unresolved issue that might affect completion should be considered carefully beforehand.
Should You Resolve the Dispute or Sell the House As It Is?
The appropriate decision depends on how serious the disagreement is and whether there is a practical route to resolution.
For some homeowners, resolving a minor boundary issue before selling is sensible because the time and cost involved may be limited.
For others, a disagreement may have become entrenched, with the neighbour refusing to negotiate.
There may be no straightforward resolution within the time available.
Consider these two illustrative examples.
Example: Disagreement over a garden fence
A homeowner believes their neighbour has placed a replacement fence slightly inside their garden.
After reviewing the original deeds and obtaining appropriate advice, both neighbours agree on the boundary and document the outcome.
When selling the property, the homeowner explains the previous disagreement and supplies the supporting paperwork.
The buyer’s solicitor can then assess the evidence without needing to investigate an ongoing argument from the beginning.
Example: Dispute concerning access to a driveway
A homeowner intends to sell a property but has an unresolved disagreement with their neighbour about access over a shared driveway.
The buyer wants to know whether they will have a legally enforceable right to use the driveway after completion.
The title documents are unclear, and the neighbour disputes the claimed access rights.
In this situation, the buyer’s solicitor may require further investigation. The buyer’s lender could also need to be satisfied that the property has adequate legal access.
The sale may be delayed or become impractical until the position is sufficiently clear.
These examples illustrate why different boundary problems can have very different consequences.
A modest disagreement about maintenance responsibilities should not automatically be treated in the same way as a dispute affecting ownership or essential access.
How Can a Conveyancing Solicitor Help With the Sale?
If you intend to sell a property affected by a boundary dispute, instructing a solicitor at an early stage can help identify the issues that need to be addressed.
During the conveyancing process, your solicitor can examine the available title documents, advise on the seller’s disclosure obligations, consider the buyer’s enquiries and explain whether the dispute creates problems for the transaction.
Where specialist boundary advice is required, it may also be necessary to involve a surveyor or a solicitor experienced in property litigation.
A conveyancing solicitor and a property litigation solicitor perform different roles. A solicitor handling the sale does not necessarily represent the seller in contested boundary proceedings.
This distinction is important when deciding what professional assistance is needed.
At Harrisons Solicitors, we provide a range of conveyancing services for homeowners buying and selling property.
We can assist with the conveyancing aspects of your sale and explain where additional specialist advice may be appropriate.
Selling a Property With Harrisons Solicitors
An ongoing boundary dispute does not necessarily mean you must postpone selling your home. However, giving the buyer accurate information and understanding the legal position before exchanging contracts is essential.
The sooner the problem is identified, the more opportunity there is to gather documents, investigate the ownership position and consider whether a resolution is possible.
If you are preparing to sell a house with an ongoing or previous boundary dispute, our conveyancing solicitors can discuss the legal requirements of the sale.
With offices in Reading, Woodley and Caversham, we assist homeowners with residential property transactions. You can learn more about our solicitors in Caversham and the property services available through our local team.
Addressing potential problems before a buyer has been found can reduce the likelihood of unexpected enquiries and help you make informed decisions about how to proceed.
