Boundary Disputes

Boundary disputes cover a wide range of issues but generally have two things in common.

Firstly they are extremely stressful for the persons involved and secondly they can be expensive.

Litigation tends to be stressful for the litigants themselves and this is doubly so where one is dealing with a dispute with a neighbour which is likely to cause lasting bad feeling between people who will need to live next door to one another when the dispute is ended.

They are expensive because they very often involve technical forensic examination of the facts and the plotting of boundaries which requires expensive advice from experts.

We at Palmers believe that the correct approach to boundary disputes and any other dispute involving neighbours is to encourage the parties to resolve matters without the need to pursue Court proceedings whatever the nature of the dispute.

There are numerous techniques and opportunities for alternate dispute resolution in most cases which can give rise to a more satisfactory outcome bearing in mind the cost of proceedings and the benefit to be obtained.

Our expert property litigation team can give advice in relation to all aspects of property litigation. Examples might be:-

• Determining the position of a boundary.
• Determining the responsibility for the boundary’s maintenance.
• Resolving matters of overhanging foliage or even house extensions.
• Rights of way.
• Trespass to land or property.
• Claims for adverse possession.
• Disputes in relation to Leases.
• Determining responsibility for repair to property.
• Actions against surveyors or other property professionals.
• Actions to enforce conveyancing contracts.

Our objective is to come to an early assessment of the dispute not just as to who is right and who is wrong but also into the cost effectiveness of pursuing the matter as against reaching a settlement between the parties to which everyone can live.

We will endeavour to resolve the matter without the need for Court proceedings but should such proceedings become inevitable then we will pursue the matter and bring it to Court at the earliest available opportunity.