Resolving Boundary Disputes

Resolving Boundary Disputes image

Such disputes often revolve around issues such as the maintenance of fences or walls, or disagreements over rights of way. In this article we highlight the inadequacy of Land Registry plans, the importance of original deeds, physical/historical features and the costs involved in such disputes.

Challenges with Land Registry Plans:

The Land Registry is a starting point for establishing property boundaries but the plans available may not always accurately reflect the true boundaries on the ground. There are often discrepancies in Land Registry plans arising due to errors in measurement, changes to the landscape over time, or the omission of relevant information. In such cases, it would not be prudent to rely solely on Land Registry plans as they may not provide a definitive solution to boundary disputes.

Importance of Original Deeds:

Original deeds, dating back to when the properties were first registered, hold crucial information about property boundaries and rights of way. These documents often contain detailed descriptions of the land, including reference points and measurements that can help clarify boundary issues. When faced with a boundary dispute, consulting original deeds can provide valuable insights and evidence to support your case.

Consideration of Physical and Historic Features:

In addition to legal documents, physical and historic features on the ground can also play a significant role in boundary disputes. Features such as fences, walls, hedges, or landmarks may have been in place for generations, serving as visible indicators of property boundaries. Likewise, historical records or local knowledge about the area’s boundaries can provide valuable context when resolving disputes. Taking these features into account can help establish a clearer understanding of the boundaries and facilitate resolution.

Navigating Costs:

Boundary disputes can quickly become costly affairs, involving legal fees, surveying expenses, and potential court costs. However, seeking professional assistance early on can help mitigate these costs by facilitating efficient resolution through mediation or arbitration. Compared to lengthy court proceedings (which can quickly amount to several thousands of pounds in court fees), alternative dispute resolution methods offer a more cost-effective and timely way to address boundary disputes while preserving relationships between neighbours.

Seeking a resolution?

When faced with a boundary dispute, the first step is communication. Open, honest dialogue with your neighbour can often lead to a swift resolution. However, if direct communication fails to resolve the issue, seeking professional assistance should be of paramount importance.

Professional dispute resolution services offer a structured approach to resolving boundary disputes. These services often involve mediation or arbitration, where a neutral third party helps facilitate discussions and find a mutually acceptable solution. Unlike lengthy and costly court proceedings, dispute resolution services offer a more efficient and cost-effective way to resolve disputes.

Benefits of engaging our Dispute Resolution team:

  1. Efficiency: We aim to resolve conflicts quickly, saving you time and stress.
  2. Cost-Effectiveness: Compared to court proceedings, dispute resolution services are often more affordable, with lower legal fees and expenses.
  3. Preservation of Relationships: By fostering open communication and collaboration, dispute resolution services help preserve relationships between neighbours, minimising animosity and tension.
  4. Tailored Solutions: Dispute resolution services offer customised solutions tailored to the specific needs and circumstances of each dispute, ensuring a fair outcome for all parties involved.

In our Dispute Resolution team, we specialise in navigating the complexities of boundary disputes with confidence and expertise. Our comprehensive dispute resolution services are tailored to your needs, ensuring a thorough and effective process. With our experienced team at your side, you can trust us to handle such challenges on the ground with professionalism and integrity. Our commitment to excellence and client satisfaction ensures that you can navigate your dispute with assurance and efficiency.

Don’t let a boundary dispute become a costly and contentious ordeal. Contact our Dispute Resolution team today to learn more about our services and take the first step towards a peaceful resolution. Together, we can find a solution that works for everyone involved, allowing you to move forward with confidence and peace of mind.

Article written by Sam Glascow, for further information please contact the Dispute Resolution Team.

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