It may be evidence of the boundary, but it is not automatically the legal line. The physical feature is what you can see. The legal boundary divides the land owned by each party.
Why the two can be different
A fence may have been erected inside an owner’s land for convenience, moved during replacement or positioned without reference to the original documents. A hedge can spread considerably beyond its planting line. A wall has thickness, while the question about the legal boundary may concern one face or another position.
What would help establish the relationship?
Compare the documents that divided the land with the features present at that time. Historic photographs, earlier plans and surviving site features may explain whether the current fence follows an earlier line. A measured survey can connect those pieces of evidence to today’s layout.
An example of a misleading assumption
A new fence is erected beside an older wall, leaving a narrow strip between them. Looking only at the fence could suggest that the strip belongs to the neighbour. That conclusion needs to be tested against the deeds, why the fence was placed there and any agreement. The visible layout alone does not provide the answer.
What should I avoid?
- Assuming the centre of a hedge is always the boundary.
- Treating a wall face as conclusive without checking the documents.
- Moving a fence to match a scaled title-plan measurement.
- Confusing who owns the materials with who owns adjacent land.
Record the existing features before altering them. Once removed, a useful part of the evidence can be difficult to reconstruct.
Need help with the boundary evidence?
Send the property addresses, the disputed section and the key documents. We can confirm whether preliminary evaluation or a fuller investigation is appropriate.
Discuss the boundary → · View fees + VAT →- HM Land Registry: legal and physical boundaries
- Coburns Knowledge Base: legal boundary vs physical boundary
Adapted from Coburns’ boundary Knowledge Base for this site, with updated explanations and related guidance.
