If you and your neighbour want to do fencing work, but you disagree about where the common boundary between your properties is, or do not know where it is, there are some steps you can take to define the boundary.
If you want to determine the boundary line, you can:
You can serve your neighbour with a Boundary Notice. This is a written notice saying that you intend to work out where the boundary line is.
There is no set form for a Boundary Notice, however, it should explain that you intend to hire a registered surveyor if you and your neighbour cannot agree on the location of the common boundary. For an example of what a Boundary Notice could look like, see Sample Boundary Notice.
After you serve a Boundary Notice, your neighbour has seven days to show where they think the boundary line is by marking this out with survey pegs, or hiring their own registered surveyor.
If you serve a Boundary Notice on your neighbour they have seven days to:
If your neighbour takes either of these steps they must tell you what they have done in writing.
If your neighbour does not hire a registered surveyor, or only pegs the boundary line, within one month you can hire a registered surveyor to define the boundary line.
You and your neighbour will usually have to share any costs equally. This includes the costs of employing a registered surveyor. However, if your neighbour pegs out the boundary line in response to your notice, and the registered surveyor confirms your neighbour's markings to be correct, your neighbour will be entitled to claim any costs they have incurred from you.
If you receive a Boundary Notice you have seven days to:
You can use pegs to mark out where you think the boundary is. You have to do this within seven days of the date you were served with the notice. You must also tell your neighbour in writing that you have done this.
You can hire a registered surveyor to help you determine the boundary line. You must hire the surveyor within seven days of the date you were served with the notice. You must also tell your neighbour in writing that you have done this as soon as possible.
You and your neighbour will usually have to share any costs, including the costs of employing a registered surveyor, equally. However, if you peg out the boundary line, and the registered surveyor confirms it to be correct, you will be entitled to recover any costs you have incurred from your neighbour.
If you and your neighbour have conflicting survey reports, there are other steps you may be able to take to define a boundary line. For more information, see Finding the boundary.
For answers to commonly asked questions, see Frequently Asked Questions.