Boundary Disputes - A 1 Hour Update with Mark Shelton
Parties to boundary disputes, as one judge has observed, often need ‘saving from themselves’.
The Boundary Disputes Protocol provides a structure which has potential to assist in achieving that, by exposing misunderstandings about the law at an early stage. Its emphasis on referral to methods of alternative dispute resolution opens up the possibility of a mediator finding a solution which addresses the underlying issue - as the position of the boundary is often just a proxy for some other grievance.
This webinar examines the structural issues which makes boundary disputes so difficult and assesses the impact of the Protocol.
What You Will Learn
This webinar will cover the following:
- Nature of the dispute: types of claim, and the appropriate forum
- The complicating factor of adverse possession
- The available tools for fixing the boundary: procedure, evidence, presumptions and law
- Routes to a proportionate solution
This webinar was recorded on 26th February 2020