Top 5 Boundary blunders and how to avoid costly neighbour wars

• Know your boundary rules: check Title Deed setbacks, servitudes and shared wall duties before trees, walls or extensions trigger costly disputes.
• Talk first, litigate last: agree pruning, timing and costs; keep dated records of notices, photos and damages to pass the reasonableness test.
• Maintain shared walls proactively; inspect after storms. Neglect risks collapse, injuries and liability - prevention is cheaper than High Court battles.

Introduction

Neighbour disputes often start small overhanging branches, encroaching roots, leaning walls, swirling autumn leaves and spiral into stress and legal fees. As properties densify, clear boundaries and shared maintenance become essential to preserve safety, value and goodwill.

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“Good fences make good neighbours”

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‍“The importance of boundaries can be summed up in Robert Frost’s words: Good fences make good neighbours with the opposite just as true.” Cor van Deventer, Director, VDM Incorporated

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Van Deventer notes that “neighbour law balances two competing principles: each owner’s right to enjoy their property without interference, and the neighbour’s equal right to health, comfort and wellbeing.” Owners must ensure trees and structures don’t create an unreasonable nuisance next door.

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Top 5 mistakes and how to avoid them

1. Ignoring Title Deed limits and servitudes
   Check setbacks (often 1.5 - 5m), servitudes and wayleaves before planting trees or building walls. Planting in a “no-go” strip is your risk.
   
   
2. Letting nuisances grow
   Overhanging branches, invasive roots or constant leaf drop (peak March - May) can become actionable. Document impact and address issues early.
   
   
3. Skipping shared wall duties
   Boundary walls are a shared responsibility. Delay can mean collapse, injury and liability - regular inspections and repairs are cheaper than court.
   
   
4. Self-help shortcuts
   Don’t cut a neighbour’s tree or dig up roots on their side. Engage first, agree a plan, and use compliant notices.
   
   
5. Rushing to court
   Courts apply an objective reasonableness test and are increasingly environmentally conscious. Minor damage seldom justifies drastic remedies.

Litigation as a Last Resort

‍Wayleaves (contractual rights for utilities) and servitudes (registered real rights) exist to prevent encroachment and safety hazards. If negotiations fail, expect the court to weigh tree preservation vs. actual harm. Where damage is minor and fixable, judges may criticise escalation and refuse drastic orders.

“You don’t want to end up in High Court after a preventable tragedy. Maintain boundaries and act before walls fail, especially after severe weather.” Cor van Deventer

The Way Forward

1. Verify the line
   Pull your Title Deed, site plan and survey pegs; note setbacks, servitudes and wayleaves.
   
   
2. Inspect and record
   Photograph walls/trees; keep dated notes of damage, leaf/ root issues and pool/ gutter impacts.
   
   
3. Engage your neighbour
   Propose a written plan pruning scope, timing, disposal, and cost-sharing. Stay civil; confirm agreements by email/WhatsApp.
   
   
4. Maintain proactively
   Schedule seasonal pruning and post-storm wall checks; budget for preventative repairs.
   
   
5. Escalate properly
   If talks stall, seek mediation or a lawyer’s letter before litigation. Avoid self-help.
   
   
6. Safety first
   Where walls are unstable, prioritise repairs to limit injury and liability.

Bottom line

Clear boundaries, early engagement and disciplined maintenance turn simmering neighbour issues into solved ones, without costly court battles.

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