Boundary disputes can arise unexpectedly during the course of your typical sale or purchase transaction. Sometimes, clients will instruct you specifically to provide advice about a boundary that they cannot resolve with the other party. Boundary disputes can arise in a residential sale and purchase, and in a commercial context. As a property practitioner, you may be asked to advise on the extent of the property on the basis of substandard or non-existent plans. Our well known and respected property expert, Hannah Mackinlay, will help you enhance your understanding of how to approach boundary issues. You will also benefit from examples of practical approaches to solving boundary issues.
Key learning outcomes
- Understand the causes of boundary disputes
- Identify appropriate, admissible evidential sources of boundary information
- Understand how to approach the challenges and the available remedies
What does this course cover?
This course explains the types of boundary dispute that arise in different circumstances, and will enable you to identify the key factors in determining the position of a boundary. Topics include:
- Neighbour disputes, commercial disputes, and ransom strips
- Sources of boundary information and their limitations, including HM Land Registry, Ordnance Survey, pre-registration deeds, aerial photos, and surveys
- Admissibility of extrinsic evidence
- Types of dispute: things such as trees, roots, drains, and structures going onto adjoining land; and issues such as noise, smell, and lack of light interfering with adjoining land
- Breach of legal rights such as covenants, excessive user of easements, lack of permission, and breach of regulatory controls
- Remedies including:
- Tort: nuisance, trespass, and negligence
- Contractual: enforcement of covenants and restrictions, Lands Tribunal powers
- Statutory powers: statutory undertakers’ powers, local authority powers, and statutory remedies under, e.g. Anti-social Behaviour Act2003, Access to Neighbouring Land Act 1992, Party Wall Acts, and Land Registry’s powers
- Injunctions or damages only
is a solicitor and lectures widely on commercial property. Previously she dealt with commercial property, development and environmental work at partner and senior level at firms such as Shoosmiths and Pinsent Masons.