Anyone who has heard me speak about boundaries will know that one of my particular bugbears is the widespread ignorance about the effect of the general boundaries rule in section 60 of the Land Registration Act 2002 – for those Read More
Resolving boundary disputes – Lesson 6: Mediation
In my final article in this beginner’s series to resolving boundary disputes, I want to talk a little about resolving such disputes outside the courtroom, namely by way of mediation. For those who have not come across mediation, it Read More
Boundary Disputes and Harassment
“For every harassment claim in a boundary dispute, there must be a harassment counterclaim” Boundary disputes, in their purest form, are very much about property law. One looks at the relevant conveyances and their plans, a measured site survey, an Read More
Gates on Rights of Way
I am regularly asked to advise on the subject of gates on rights of way. Usually the situation is that Mr Smith, the owner of land over which Mr Jones’ right of way runs, decides to erect, or does in Read More
Resolving boundary disputes – Lesson 5: The expert’s report
When boundary disputes reach court, judges quite rightly like to hear expert evidence to assist them in determining the dispute. Such evidence is, in the first instance, in the form of a written report, to which is attached, as appendices Read More
Resolving boundary disputes – Lesson 4: The measured site survey
From a lawyer’s or court’s perspective, the most important contribution a surveyor makes to the resolution of boundary disputes is the production of a good measured site survey. This is the objective evidence against which all other evidence is measured Read More
Resolving boundary disputes – Lesson 3: Construing the parcels clause
“But those are just words!” There is a very natural tendency, shared by lawyers and surveyors just as much as by property owners, to turn straight to the plan attached to a conveyance as soon as any question as to Read More
Resolving boundary disputes – Lesson 2: Originating conveyances
“Find me the originating conveyance!” Where a boundary is disputed, any litigant, surveyor or lawyer should always start by trying to find the “originating conveyance”. What is it, and why is it important? Often, when one is looking at two Read More
Resolving boundary disputes – Lesson 1: Boundaries and Land Registry plans
Land Registry plans do not show where the boundary is. I have lost count of the number of times I have had to say this to clients clutching their Land Registry plans and insisting that their neighbours have encroached onto Read More