About us > Areas of Practice > Boundary Disputes

Boundary Dispute Resolution

Impact of population & development increase

In reality, boundary disputes up to recently have been minimal in England & Wales. Frequently the natural features of our countryside such as hedges, fences, walls and rivers are adopted by neighbours as their accepted general boundary line. However, as the population expands & development extends into the rural areas and as urban brown-field sites get re-developed; disputes are becoming more frequent and certainly more contentious due to the increased value of land. It is essential therefore that any party who believes that they have a potential boundary dispute contacts a suitably qualified Chartered Land Surveyor who can offer professional advice.

Why use a Chartered Land Surveyor

As Chartered Land Surveyors, DMC's experts are able to explain the limitations of the Registered Title Plan process and are able to interpret any additional researched information such as the Ordnance Survey mapping and aerial photographic library, existing Registered Title, and conveyance and transfers within old Deeds to help give you a better understanding of the general boundaries to your property. Using expert help that can provide quality information will ensure you are well prepared for possible litigation and provides the benefit of saving you considerable time & expense in legal fees.

Measured Determined Boundary surveys for Land Registry

Should you desire Dispute Mediation Consultancy can also offer a measured determined boundary survey of your property to produce a large scale (1:500 or larger) plan indicating the precise position of the existing boundaries in relation to surrounding buildings and features. These may be as agreed or contested. The plan will in addition show all other relevant features such as adjoining walls and fences, buildings, driveways, rights of access, rights of way together with detailed written measurements complementing both the ground, as measured physical detail, and plan depicted detail.

Expert's Report

Independent research of existing and historical evidence can result, if required, in a professional independent expert opinion report which will be given to you (see Neighbour Disputes - phase 3). The report will be an independent professional assessment on the boundary alignment; adjoining owners can use this as a catalyst to amicably resolve the dispute that might otherwise be referred to the Court.

Should I go to Court

If either of the parties in dispute continues to consider litigation we recommend that very careful thought is given to this action, as the nature of boundary disputes is that they can become very contentious and highly costly in time, cost and relationships. We recommend that you thoroughly read our Why Mediate web pages or contact us direct for a free 1/2 hour dispute assessment and advice meeting prior to making any decision.

Mediation

Dispute Mediation Consultancy are able to provide a neutral and independent mediator with expert knowledge of mapping & land registration issues, their main duty will be to help facilitate an agreement between the parties. Over 70% of mediations are successful giving you savings in time and cost, whilst significantly reducing the stress involved on your family and business.

Settlement Agreements

On sucessful completion of the mediation a Settlement Agreement will be drawn up for both parties to sign. This is a legally binding contract documentation and once signed is enforcable in the Courts. Boundary Settlement Agreements can also be noted in the register in the property section of the individual register(s) concerned.

Boundary Determination & Agreement

On agreement of a boundary between two neighbours it is highly advisable to formally record the agreed position both in words and by surveyed plan. A suitably qualified Chartered Land Surveyor can help in this respect. This boundary 'determination' can then be recorded on the Land Register in accordance with ‘Boundaries' Section 60 - of the Land Registration Act 2002.

This gives a far more comprehensive and robust document than any existing large scale Ordnance Survey based Land Registry Title Plan.

  For further information and to find out what is most relevant to you, please click on the menu on the left.

or contact us for more information and guidance

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What if mediation fails

Should mediation fail then the parties will decide how they wish to proceed but the likelihood is that the dispute will go to Court. However, the benefit of trying mediation first will not be lost as Courts look very favourably on parties that try mediation prior to going to litigation. By mediating, you will have protected yourself against any possibile adverse cost award. In addition many of the issues in dispute at the outset are likely to have been resolved or settled during the gathering of information stage by your Chartered Land Surveyor, the mediation process and within the experts report. This will save considerable solicitor expenses and Court time and thus reduce your overall cost & risk.

Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

Why mediate?   >

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