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Litigation - someone wins, someone loses

Wed, 06 October 2010

The recently heard case of Pennock v Hodgson [2010] EWCA Civ 873, High Court of Justice, Appeal underlined the need for parties in dispute of land & property matters to use mediation as a way of dispute resolution. The case involved a boundary dispute regarding ownership of a stream. Whilst mediation had been suggested earlier in the proceedings this initiative was not taken up.

The case proceeded to Appeal and the Judges were asked to rule on the position of the boundary.

In summary LJ Mummery wrote, 'The unfortunate consequences of a case like this are that, in the absence of any compromise, someone wins, someone loses, it always costs a lot of money and usually generates a lot of ill-feeling that does not end with the litigation. None of those things are good for neighbours.'

The case highlights the need for both Mediation in disputes such as this and also the advantages of getting a boundary precisely surveyed and officially determined.  As Chartered Land Surveyors, DMC are able to carry out both Mediation and land Survey. The mediation agreement may be finalised with a precisely surveyed boundary submitted to Land Registry under the Determined Boundary process.

See our Determined Boundary web page

 

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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