Who owns the boundary between your property and your neighbour’s?

The general rule is that any boundaries between your land and your neighbour’s land are jointly owned by both you and your neighbour. But you may be able to prove that you own a boundary structure outright.

Even if you can show that you have outright ownership of a boundary structure, your neighbour may have certain rights over that structure.

Seek legal advice if there is a dispute about the ownership of any part of your property or land.

What is a party structure?

A party structure is any structure that divides separately-owned buildings, or is situated at a boundary line or so close to a boundary line that you could not carry out works to the structure without access to the adjoining structure or land. It can be a wall, arch, ceiling, floor, partition, ditch, fence, hedge, shrub, tree or any other structure.

Can I carry out works to a party structure?

You should always get your neighbour’s consent before carrying out works to a party structure. If you carry out works without your neighbour’s permission, your neighbour could take a claim for trespass and nuisance.

You must pay your neighbour’s reasonable costs for getting professional advice to assess the likely consequences of the
work.

You must also pay reasonable compensation for the inconvenience caused by the works and reimburse your neighbour for any damage done to their
property.

You are entitled to take into account your neighbour’s use and enjoyment of the party structure when assessing the compensation they are due.
If you fail to compensate your neighbour, they can apply to the District Court for an order to compel you to make good any damage, or to pay them for the costs and expenses.

If your neighbour does not consent to the work being carried out, you have the option of applying to the District Court for a works order.

You must notify your neighbour of your intention to do this.

Who is responsible for maintaining boundary trees and hedges?

A tree or hedge on a boundary is generally the property of both landowners. You are not allowed to cut them down without your neighbour’s permission.

Overhanging branches or roots that are encroaching on your land can be cut back without permission, but only as far as the boundary line. You should still discuss this with your neighbour to avoid disagreements.

You should check with the local authority before cutting back or taking any action against a tree that is subject to a tree preservation order.