Boundary Dispute Resolution

Boundary disputes often erupt from the smallest of disagreements but can become major issues for those concerned. Where disputes arise over almost valueless pieces of land but the parties involved decide that the outcome is a matter of principle, relationships between the parties (usually neighbours) deteriorate. In some cases, acts of violence or vandalism have taken place. Such issues can escalate out of control, ending before the courts and incurring many thousands of pounds in legal costs.

In most cases, common sense at the outset, together with a little “give and take”, can resolve the problem before it becomes a big issue.

Alternative Dispute Resolution (“ADR”) can be used prior to (or during) court action and is designed to promote a solution where both parties can walk away with their pride intact. If all parties adopt a pragmatic approach then ADR can be used to obtain a cost effective and pragmatic conclusion, often ensuring that good neighbourly relations remain. ADR sets out stages that clarify the issues in order to reach a sensible result:

Surveyor appointed to seek clarification and resolution. The surveyor submits a report which can be presented as evidence in any subsequent proceedings. A strict time schedule ensures the matter is dealt with quickly and efficiently.

Initial mediation between both parties conducted by the surveyor based on his findings in stage one. Surveyor’s task is to find a way of removing the deadlock between the disputing parties. Hopefully, a suitable compromise is achieved and the result and conclusion is presented to both sides in writing.

If agreement is not reached then the matter is referred to the court. The surveyor’s evaluation provided in the second stage can be used by either side as an expert opinion.

Such service is not without cost and, if all three stages are followed, the surveyors’ fees could amount to over £2,000 plus VAT and any expenses. However, these costs may be trivial compared to court costs where disputes are vigorously pursued by one party as “a matter of principle”. Most courts dislike dealing with boundary disputes involving land of little value. In such cases the court may reduce a costs award if the ‘winning’ party has been unrealistic or refused to take part in the mediation process.

Mediation only works in disputes where both parties follow the process. It does not suit all problems and cases where there has been a misappropriation of land by a neighbour will generally have to be resolved by the court. Detailed legal advice should always be sought and advice given as to the possible outcome before proceedings begin.