Boundary disputes and Right of Way issues – how to be more neighbourly

February 27, 2017
Commercial law Dispute resolution

The Property Boundaries (Resolution of Disputes) Bill is currently before a Committee in the House of Lords, having received its second hearing in December 2016.

Boundary disputes account for approximately 10,000 litigation cases each year and often cause lasting discord between neighbours, as well as taking up considerable time and effort for all parties involved.

The Property Boundaries Bill seeks to provide an alternative dispute resolution facility where boundary and rights of way disputes have arisen relating to the title of an estate in land. For landowners, this means that property boundary disputes and extent of private rights of way would be resolved more quickly by aiming to put the physical evidence forward first and the legal process second.

The dispute would be referred to an agreed independent surveyor, who would then determine the precise location of the boundary or right of way. If the owners still disputed the surveyor’s conclusion, then they would have 28 days to appeal.

As property disputes currently seem to move into a litigious process very quickly, what was often a minor disagreement over the exact placement of a boundary, can quickly escalate into a stressful legal case; which due to the costs and time involved, means neither party is prepared to back down due to the efforts already expended. This Bill hopes to determine boundary disputes quickly and efficiently, and to try and keep the costs involved as proportionate to the dispute as possible.

The Property Boundary Bill is currently before a Committee in the House of Lords and an update is expected in early 2017.

Until then, at Tallents Solicitors, we have a range of experienced lawyers who can help landowners who might be facing a boundary dispute or rights of way issue:

  • Mandy Kaur, a commercial lawyer, with experience in commercial property work
  • Stephanie Whitchurch, a litigator who specialises in dispute resolution
  • Jackie Watts, a solicitor with extensive experience in resolving complex boundary issues, including Adverse Possession and Title Deed disputes

Mandy finishes:

Every property dispute will be individual and require a different set of legal skills to resolve. At Tallents Solicitors, we have a wide range of legal experience able to help you with your property boundary or rights of way dispute.

Our solicitors are able to work closely together, drawing on years of experience to help you resolve your dispute quickly and efficiently. Please feel free to contact us in confidence to discuss your requirements.

adverse possession Boundary disputes commercial property complex boundary issues Dispute resolution litigation Property Boundaries (Resolution of Disputes) Bill Property Boundary Bill rights of way Title Deed disputes
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