How to Resolve Boundary & Neighbour Disputes
This 3 hour live broadcast will run through the steps practitioners should take when faced with boundary disputes.
As we know, the wanton loss and destruction of pre-registration deeds (for no reason) that happened in the mid 2000s has left many owners with no easy way of resolving boundary disputes.
Contrary to popular belief, the red Land Registry plan rarely ever shows the legal boundaries, as this was never the intention. Title insurance policies are scattered around like confetti but they change nothing, and the issue needs to be resolved.
But where do you start?
What You Will Learn
This session will cover:
- Step one - find any deeds if at all possible and how to interpret them. The importance of old plans showing the relationship between features, and even accurate measurements. The Boundaries Protocol
- Step two - the boundary history and the possibility of adverse possession claims. Many claims based on the deeds are pointless as they have been overtaken by Adverse possession - but this has three regimes - which one applies?
- Step three - site visits and what you might learn. Plans and documents will only get you so far - everyone else will visit the site, even the judge. What to look out for. Limitations of surveying advice
- Step four - boiling it all down and deciding on appropriate courses of action - ADR, The Protocol, possession action or adverse possession claim
- Step five - resolving disputes and the court’s approach from recent cases. Predicting the likely outcome and managing clients’ expectations
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.