Boundary disputes can turn from neighbourly disagreements into legal standoffs surprisingly fast. At Vytue LLP, we recently represented a homeowner in Kent who found herself in exactly that position when her neighbour built a new garden wall that extended well onto her registered land.

Within 12 weeks, we resolved the dispute—without court action—by proving legal ownership, compelling removal of the encroaching wall, and securing £6,500 in compensation for our client. Here’s how we did it.

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1. The Background: When the Fence Isn’t Just a Fence

Our client had owned her home in a quiet Kent cul-de-sac for more than 25 years. After a change of ownership next door, the new neighbour began a garden renovation project—including replacing the original wooden fence with a brick wall.

Unfortunately, that wall wasn’t just new—it was 1.8 metres over the actual boundary, cutting into our client’s garden and rendering part of her outdoor space unusable.

Initial conversations between neighbours failed. The neighbour insisted it was “his land,” despite being shown the original fence line and site plan. That’s when she instructed Vytue LLP.

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2. Our Legal Investigation

We immediately began a thorough investigation. Our property litigation team:
• Pulled Land Registry title documents for both properties
• Reviewed pre-registration title deeds and site plans
• Sent a formal enquiry to the local authority planning office regarding wall approvals

To strengthen the case, we instructed a RICS-accredited chartered boundary surveyor, who provided a precise report showing a clear encroachment of 0.7 metres into our client’s land.

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3. Issuing the Letter Before Claim

With our evidence ready, Vytue LLP issued a Pre-Action Protocol Letter of Claim under the Civil Procedure Rules. This detailed:
• The boundary breach, supported by Land Registry data and the RICS report
• A demand for removal of the structure within 28 days
• A claim for compensation for loss of use, surveyor fees, and legal costs
• A firm notice that failure to comply would result in court proceedings, including a claim for an injunction and damages

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4. The Neighbour’s Response and Challenge

The neighbour responded through legal counsel, denying wrongdoing and providing an amateur sketch plan claiming an “intended boundary.” Our team at Vytue LLP swiftly rebutted their position by submitting:
• The formal title plan
• A timeline of garden maintenance records
• Historical photos of the boundary from our client, including one from 2012 showing a now-covered flowerbed
• Utility records showing service installations aligned with the true boundary

Faced with this evidence and the risk of an expensive court loss, the tone of communication shifted significantly.

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5. Negotiation and Settlement

We negotiated firmly but professionally. Within three weeks:
• The neighbour agreed to remove the wall and reinstate the original boundary using an independent contractor
• Our client received £6,500 in damages, covering all legal and professional costs
• The neighbour also signed a written settlement deed with a non-repetition clause and terms enforceable by court if breached

No court appearance was required. The boundary was restored within the agreed time frame.

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Client Testimonial

“Vytue LLP were absolutely outstanding. They treated my case with urgency and care, and helped me feel protected throughout. I never expected to need lawyers over a fence, but now I wouldn’t go to anyone else.”

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Why This Matters

This case is a strong reminder that:
• Land boundaries are legal lines, not just where fences sit
• Encroachments, even small ones, can devalue property and affect quality of life
• Legal rights need to be asserted early, calmly, and professionally

At Vytue LLP, we protect property rights with precision and resolve.

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Need Help with a Property Dispute?

Whether you’re a homeowner, landlord, or developer, Vytue LLP provides expert advice on:
• Boundary disputes
• Party wall issues
• Trespass and encroachment
• Adverse possession claims
• Property damage and nuisance
• Leasehold and freehold disagreements

📞 Call Vytue LLP today on +447577322404
💻 Or contact us online https://vllp.uk/contact
We offer fixed-fee consultations and honest, strategic guidance.