The short answer
The instinct is to confront, but the first step is to establish the evidence. Before treating it as building on your land, you need to be sure where the legal boundary actually runs and exactly what has been built where — both of which can be less obvious than they seem. Gather your evidence (deeds, plans, dated photographs and, if needed, a survey), keep communication calm and in writing, and get an objective assessment. Reacting before you understand the evidence — demanding demolition, or rushing into legal action — often makes the dispute longer and more expensive than it needed to be.
Why it matters
Building over a boundary — a wall, an extension, footings, or even overhanging eaves and guttering — can amount to trespass or encroachment. But establishing that depends entirely on first proving where the true line lies, and the position is often less clear-cut than either neighbour assumes. The remedies range from a simple agreement or a payment, through to removal, or in some cases court — though courts expect proportionality and will not always order demolition for a minor encroachment, sometimes awarding damages instead. Long, undisturbed occupation can also begin to affect the position over time through adverse possession, which is a further reason to act promptly but calmly.
This is exactly why boundary disputes are evidence disputes. Both neighbours may have evidence that appears to support them, and both may be entirely sincere. An experienced boundary surveyor can establish the position objectively and narrow what is really in dispute; if court proceedings become necessary, an appropriate legal team can then present that evidence effectively.
What to do now
- Do not retaliate or start demolishing anything yourself.
- Gather evidence — deeds, plans, dated photographs, any survey.
- Keep communication with your neighbour calm and in writing.
- Get an objective assessment of the boundary before treating it as an encroachment, and take legal advice before any court step.
Common mistakes
- Confronting or threatening before the facts are established.
- Assuming where the boundary lies.
- Rushing to court before the evidence is assessed.
- Leaving it so long that adverse possession becomes a factor.
When to call Coburns
We establish, objectively, where the boundary lies and what has actually been built — so you act on evidence, not assumption. If the matter has to go to court, your solicitor presents the evidence we help establish.