Boundary Disputes - Which Route to the Solution?

Introduction

Efforts continue to find ways of solving boundary disputes without the disproportionate expenditure often involved, not to mention the stress and personal animosity that such disputes can generate.

In recent years we have seen the introduction of the Boundary Disputes Protocol, repeated attempts to legislate for a third-party determination structure based on the Party Walls Act, and now the launch of the RICS’ Boundary Disputes Mediation Service. These options are of course additional to the traditional modes of litigating these disputes in the courts or the FTT.

This webinar considers the competing procedural options, as well as the nature of the legal and factual issues which may arise, and also the developing case law in this technical area.

What You Will Learn

This webinar will cover the following:

• Adverse possession and boundaries - latest case law
• Guidance from the Protocol
• The role of the surveyor
• Nature of the dispute: types of claim, and the appropriate forum
• The available tools for fixing the boundary: procedure, evidence, presumptions, and law
• Routes to a proportionate solution

This webinar was recorded on 6th January 2022