Dear Property Doctors,

Our neighbours greeted the news of a proposed kitchen extension well on the basis that they were going to do one themselves. But then they opposed us every step of the way.

A few months into the build they came round and accused us of rebuilding the low wall dividing our small gardens (which was untouched by the building work) and stealing a slice of their garden at some unspecified time in the past. They threatened legal action. 

This seemed like madness as we have lived in our house for 35 years and my neighbour for the last 20 years. We have clear photographic evidence from when we moved in that the wall is still in the same place and in the same condition, and that it has never been rebuilt – but was repaired by the previous owners after the Second World War. 

The original Victorian wall built 150 years ago is clearly visible. They have not a shred of evidence to support their claim.

They later changed their story asserting that the wall was ours, despite the fact that the first line of our party wall agreement states that it is, in fact, a party wall. They demanded that we demolish and rebuild it on our side of the boundary and threatened legal action again. Despite asking several times, they have never specified by exactly how much they imagine the wall has moved. 

Two years have passed and nothing has happened beyond the threats of legal action. Should we sell, we now have to declare an unresolved boundary dispute which will adversely affect us. My neighbour is a solicitor specialising in housing so presumably is well aware of this. They had previously threatened us and two other nearby households with legal action should any of us build a loft extension, and then went on to build one themselves – so we are beyond reasonable discussion. 

We are in limbo with no specific case to fight so how can we resolve this vexatious claim? 

KG, by email

Boundary disputes of this nature are always a nightmare. You have probably read of cases where people have spent tens of thousands of pounds going to court to argue about a few inches.

Unfortunately, as you clearly appreciate yourself, these disputes have to be disclosed if you wish to sell your property and would doubtless put off any buyer. Therefore, I think it would be best to try and reach some sort of resolution.  

In some cases, you can get the Land Registry to define the boundary if everyone agrees. However, this is very difficult as really detailed plans need to be prepared and the Land Registry requirements are very strict. Normally, if you can reach a decision, a boundary agreement is entered into that defines the boundary by reference to drawings and physical features on the ground. That can be filed at the Land Registry which will prevent further disputes.  

However, if you cannot reach agreement with your neighbour, your only option other than to do nothing and hope that by the time you sell that nothing recent has happened and the buyer hasn’t been put off, is to bring an action for a declaration as to where the boundary is. 

David Fleming is the head of property litigation at William Heath & Co solicitors (williamheath.co.uk)

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