A chance to hear the latest on employment, property, corporate and restructuring and insolvency and to ask questions and share your opinions.
DATE: Thursday 7 May 2020, 10:00am - 11:00am- delivered via Zoom Video Conference
Search site
Contact our office
Make an enquiry
Understanding what has sparked off the dispute between the parties in the first place is essential. It is very rarely the case that a party has pulled out his title deeds and decided that there is a problem with the boundary. There is usually some underlying animosity between the parties caused by something completely unrelated to the boundary before people start marching up and down their boundary lines.
A common theme in many boundary disputes is a complete misunderstanding of the Land Registry’s “general boundary” system in England and Wales. In short, the lines shown on Land Registry title plans do not identify the precise location of boundary lines. It is therefore utterly pointless to get your ruler out and start preparing fantastically colourful measured lines on Land Registry title plans. Colourful, artistic, well-intentioned perhaps, but a complete waste of time and ink.
The purpose of a title plan is to identify, approximately, the location of the registered property in question. The purpose is certainly not to provide warring neighbours with colour-coded ammunition to fire at each other.
In any boundary dispute, parties need to pause, take a breath, and consider, realistically, what their options are. There are really only three ways to deal with a boundary dispute:-
Both parties also need to understand that, even if they win, it is highly unlikely that they will be able to recover all of the costs that are incurred. And of course if you lose, not only will you have to pay your own costs, but you will also have to pay the other side’s costs too.
And then there is the question of timescales. Boundary disputes are generally not resolved in a matter of weeks or even months. It is more likely that resolution will take at least one year or two years, or even longer. Take note, if you are about to embark on a boundary war, buckle up, you’re in it for the long haul.
Once these general principles have been digested, one of the first things to do is to get an expert surveyor’s report. This can cost anything between £1,000 and £3,500 plus VAT depending on the expert involved, the size and nature of the property, and the intricacy of the boundary configuration. The more relevant information that can be passed to the surveyor, the better. This is likely to include old photographs, clear copies of the deeds and Land Registry data, previous topographic surveys, and of course, a summary of the background to the dispute.
Once the surveyor has produced his report, the next step is to obtain a legal opinion from a barrister. There is a lot to be said for only proceeding down the litigation route if both the surveyor’s report and the barrister’s report are favourable (and you have an incurable appetite for a legal scrap).
Even then, it is well worth thinking hard about whether or not litigation is preferable to simply accepting that the minor encroachment by the neighbour is not, in the grand scheme of life, worth exhausting your savings and your lust for life on. Painful litigation and lawyers crawling all over your garden, or a holiday of a lifetime?
If it is decided that the legal route is to be taken, whether through litigation or alternative dispute resolution, at every stage, the following should be borne in mind:-
Alternative dispute resolution, particularly mediation, is in my experience the best way to resolve a boundary dispute for the simple reason that every aspect of the unpleasantness can be resolved. In contrast, Court resolution is generally limited to the terms of the claim and you have less flexibility to address any of the underlying issues that may have triggered the boundary dispute in the first place.
If there is one single piece of advice to take away from this blog, it is this: think very hard about whether having the legal equivalent of a 12 round punch-up over the boundary is really worth it. If you are determined to proceed, consider mediation.
Mediation can result in a relatively swift and comparatively cost effective resolution. Litigation on the other hand is expensive and painful, and the victories are often hollow.
A chance to hear the latest on employment, property, corporate and restructuring and insolvency and to ask questions and share your opinions.
DATE: Thursday 7 May 2020, 10:00am - 11:00am- delivered via Zoom Video Conference
Cheltenham based solicitors, Hughes Paddison, have announced two promotions within their Senior Management Team. Jon Rathbone has been made an Equity Director within the firm, whilst Julie Bennett has been made a Director.
What our clients say
“Hughes Paddison have provided assistance on numerous occasions consistently acting in an exemplary fashion whilst dealing with all aspects of the issue at hand. It is extremely reassuring to know that our company is represented by such a competent and professional firm.”– Commercial Director, Ferroli Limited
“We are lucky to have the services of Paul Engelbrecht on hand. He has always met our requests and ridiculous deadlines and puts himself out to make life easier for us”– Company Secretary - Supergroup PLC
“Paul has repeatedly demonstrated a high level of legal skill, accuracy, attentiveness and most of all, commercial acumen. I particularly appreciate his eye for detail and ability to take complex legal issues and explain them in lay terms. ”– Relationship Director RBS
“Whilst constantly demonstrating his consummate professionalism and occasional wry sense of humour David has at all times supported me and acted in my best interests resulting in a successful financial settlement and my divorce.”– V
“Jennifer provided sound professional legal advice which I needed to help me to sort out the legal and financial aspects of a difficult personal situation. I wouldn't hesitate to go to her with any family legal matters I have in future.”– R
“Having the support of Marcus throughout what has been a very painful divorce has really helped me get through the last 18 months. Although this has personally been a very difficult process, I know that Marcus has done everything possible to make it as smooth as it can be. I really appreciate the honest, open feedback to all of my questions and also how quickly he responded to them. Above all else, Marcus really does seem to care about his clients and their families. I never had the feeling that this was just a job for Marcus, and Im so grateful that I was fortunate enough to have had Marcus recommended to me when I did.”– R
Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). We use cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click Settings.
Our use of cookies.
You can learn more detailed information in our Privacy Policy
Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. The technology to maintain this privacy management relies on cookie identifiers. Removing or resetting your browser cookies will reset these preferences.
Essential Cookies
These cookies enable core website functionality, and can only be disabled by changing your browser preferences.
Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site.
Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site.
Comments