Boundary Disputes - Evidence and Early Resolution
A boundary dispute can be a judge’s worst nightmare. They are notoriously difficult and can be very expensive.
At an early stage (and before court proceedings are ever issued) both parties should make every effort to try and resolve the dispute, including giving early disclosure of evidence that affects either party’s case.
This has been demonstrated in a wealth of case law, including Rashid v Sharf and Underwood v Mayer. In both cases, evidence was produced very shortly before Trial, meaning that the parties’ position at Trial was different to their pleaded cases. In both cases, the judge was critical of the parties’ conduct.
If a boundary dispute arises, you should do the following, as quickly as possible:
- identify the essential elements of yours and your opponent's case;
- consider the evidence needed to address each of those elements; and
- gather that evidence in a permanent form, instructing an expert to assist where necessary.
A full exploration of all available and potential evidence should be considered, including title deeds of the properties affected, OS Surveys, photographs, identification of any physical features on the ground and any other extrinsic evidence.
Where a dispute may have been running for some time, consideration ought to be given to obtaining witness evidence from long standing neighbours, or previous owners of a property.
As boundary disputes can be complex to deal with, and easy to get wrong, it is advisable to seek an expert boundary dispute lawyer to help you at an early stage.
Samuels Solicitors are experts in dealing with boundary dispute cases. We can help you identify what the main issues are, help you gather evidence to deal with those issues and recommend experts when necessary. We can then guide you through the procedural steps which must be taken, to ensure that your case is as well prepared as possible.
We will also discuss legal fees for dealing with your boundary dispute at the outset. Where you have a strong case, we will consider acting for you on a "no win no fee" basis, under the terms of a Conditional Fee Agreement.
If your claim has come about because you were not advised propertly when you purchased your property, you may also have a professional negligence claim against your Solicitor or Surveyor, and we will be able to assist you in identifying and dealing with this.