在英国买House，房产边界的问题挺烦的，很多人在买房的时候把房产边界这事给忽略了，住了好多年都不清楚自己房产的确切边界到底在哪里。对房产边界的混淆经常引起许多邻里纠纷，家门前的土地究竟是否属于自己财产边界内的还是邻居的呢？
没错，很多时候房产边界根本不以任何物理形式存在，它像是一条假想线，您不清楚自己的边界，一不小心就侵占他人地盘了。最后，这样的争论只能让法院来解决，把人心情弄得很不好就算了，还要招致数万英镑的法律费用。
一位前儿童电视节目知名主持人遇麻烦，她把门前的树篱铲除并竖起栅栏后，面临超过10万英镑的赔偿金。
故事背景
格特鲁德·加罗(Gertrude Garrow)曾是爱尔兰非常著名的儿童节目主持人，她在退出电视圈后成为一名作家和编剧，一直在英国生活。格特鲁德的丈夫西蒙·加罗（Simon Garrow）是一名画家，在英国挺知名，曾经在伦敦皇家艺术学院等多地都举办过画展。
2006，这对夫妻花了130万英镑，在英格兰布拉克内尔（Bracknell）附近沃菲尔德的布罗克希尔农场购买了一片土地，并在上面建造了两座古老住宅。从此，一家人在那里过着安逸的田园生活。
然而，难搞的是，他们似乎碰到一些麻烦，还和邻居吵上了法院。
事情是这样的，据媒体报道，他们的邻居加里·肖特先生(Gary Short)是一位有钱的商人，在英国经营一家料斗、设备和工具租赁公司。1996年的时候，加里先生在布罗克希尔农场购买其中一片土地。
资料显示，格特鲁德女士拥有的这片土地与加里先生的土地是紧紧相连着的，共享着中间的一条道路。在格特鲁德女士搬进来前，这条路一直被用作公共人行道，路人基本都会从这里绕出去。
2017年，格特鲁德一家人搬进来后，实在受不了路人在他们家门前走来走去了，认为他们的隐私都被侵扰了。于是，他们决定把门前的树篱全给铲掉，并竖起一道四五米宽的栅栏，把人们引到了另外一条路。
她这样做的目的是希望那些路人可以沿着其他路来走，她非常确定该平行地带是位于她的边界内，她有权这么做。
从地图上看，格特鲁德女士竖起的栅栏和加里先生的田地之间有着四五米宽左右的距离。自从她建起这道栅栏后，来往的路人似乎还是往这里走，他们看到还有空间，直接从栅栏与田地之间的道路溜过去，这样就影响到加里先生的天地了。于是，两位邻居吵了起来。
格特鲁德女士说：“公共人行道和车辆通行路是属于我们的花园，这是在我们房产边界内的土地。因此，我们有权在上面做任何行动。2017年5月5日，我们雇佣一台小型挖掘机，拆除树篱然后清理有盖沟渠南侧的河岸。然后，我们在家门前的这条小道上竖起新栅栏，我们有权这么做。然而，我们的这位邻居认为这是属于他的边界，我们没有办法这么做。“
加里先生坚称该地带位于边界线，属于他的土地的财产，并且这条路一直是被用作公共通行权。2020年，加里先生感到非常气愤，在争吵后，恼羞成怒的加里先生直接在这条路上修建了一扇大门，以阻止人们误入他的土地。
接下来，格特鲁德女士的工人们又把这扇门给拆除，正如前文所说，他们认为这是属于他们边界内的土地，加里先生没资格做任何事情。
没办法，两家人的争吵升级到了法院。
格特鲁德女士希望法院能够颁布禁令，禁止她的邻居侵入她的土地。加里先生反诉，他认为特格鲁德一家人的行为才是“非法侵入”，并要求获得同样的赔偿。此外，加里先生还要求法院判非法侵入和滋扰的赔偿——包括新大门和更换树篱的费用。
法官怎么说？
据了解，经过来来回回的上诉、反诉后，伦敦高等法院裁定格特鲁德女士有错，她的行为明显侵入加里先生的土地。
最后，法院命令她向加里先生支付10万英镑的赔偿金。
法官称，他们在通过仔细查看各种资料，包括照片证据、契约和地图，以及听取专家证词后发现，格特鲁德女士建立的栅栏以及重新设置新道路的那片土地，有一大部分确实是属于加里先生的土地。
所以，由于她没有搞清楚房产的边界到底在哪里，她让工人进入邻居的土地，并清除树篱植被，还在上面竖起栅栏等行为，都属于“非法入侵”。
媒体说，格特鲁德女士感到不服，她继续向伦敦高等法院提起上诉。她的律师认为，初审法官是从历史军械测量地图和现场照片中收集的证据，这些证据不够权威。但是，经过短暂的听证会后，伦敦高等法院审理此案的法官驳回了她的案件。
法官拿出了一些照片，并强调法官有权在做出决定的时候可以考虑照片证据。这些证据清楚显示，格特鲁德女士清理掉的树篱所在的位置与过去地图上标记的边界线位置相匹配，这些树篱可以作为两家房产边界，超过树篱的土地属于加里先生的，格特鲁德没有权利侵犯这片土地。
丽莎评论
这又是一起非常典型的邻里边界纠纷案件，即使是很小的土地，常常会演变成激烈的争夺。
房产的边界决定您拥有的任何土地或建筑物的范围，它们是将您的房产与邻居的房产分开的界限。通常来说，边界的形式可能是墙、栅栏、树篱、铁丝网或者其他一些不太引人注目的特征，比如车道的边缘。然而，在一些特殊情况下，随着业主对房产内外的改变，很多原来可以用作确定边界的特征可能消失了，所以，它没有那么清楚地显示出来。
或者多年来，卖家可能一直在照顾与他们房产相邻的一块土地，这片土地的所有人属于邻居，但是可能他们并不想使用这块土地。因此，原始卖家可能移动栅栏，将这片土地纳入自己的花园。然而，这样做并不意味着卖家拥有法律承认的土地所有权，所以，这片土地还是有可能被所有者收回。
那么，当一方认为他们正在使用的土地是属于他们的，另外一方也认为这土地属于他们范围的，关于边界的争吵则会随之爆发。您在不知道的情况下以为它属于你们的土地，并在上面开展任何行动——像本篇故事女主人公一样的事情，就会存在更严重的纠纷风险。
总之，我们建议，解决任何关于边界纠纷的起点则是：在做任何行动（比如拆除任何东西、道路）之前，一定要调查清楚房产边界究竟在哪。请大家提前查看房产的所有权文件，以及确定您是否有权这么做。如果你们确实不知道边界的位置，可以与邻居进行非正式讨论以就边界达成一致。大多数有关边界的问题都可以通过与邻居讨论来解决，如果你们保持友好关系，可以直接讨论，如果关系恶化，可以在律师的帮助下解决。
另外，当您购买房产的时候，最好从一开始就了解您的界限在哪里。您的房产律师可以通过查看房产的文件帮助您做到这一点。同时，您的房产律师还会让卖方填写一份房产信息，其中详细说明了他们对边界位置的了解，是否完全拥有或者与其他人共享，谁承担了维护和修理的责任等等。如果文件上规定的边界位置与实际边界位置之间出现差异，您的律师会对此进行调查。
如果您对房产边界问题有疑问，请进一步咨询丽莎律师行。任何英国税务方面的问题，也可以联系咨询丽莎会计行。
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