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Boundary disputes – the essentials

Boundary disputes can mean different things to different practitioners – conveyancers will hate them and seek to avoid at all costs; property litigators will no doubt take a different view! An excellent article from Hardwicke Chambers reminds practitioners of some of the key issues in relation to boundary disputes including:
 
  • the importance of appointing a specialist surveyor at the outset to produce a detailed, good quality plan;
  • the myth that HMLR title plans are definitive – unless the determined boundary procedure has been used, only the general boundaries rule applies (ie a reasonable interpretation by HMLR of the land in the pre-registration deeds); and
  • the fact that even if a boundary is established, this can still lead to an adverse possession claim if someone has been in exclusive possession of the land for more than 12 years.
The article reminds practitioners that the Property Boundaries (Resolution of Disputes) Bill is passing through parliament, although making slow progress – it was first introduced in 2015. But if it becomes law, it will provide for compulsory determination of boundary disputes by a surveyor before the commencement of any court proceedings. Source: www.hardwicke.co.uk.
 

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