Setting The Boundaries
A boundary dispute often includes two parties fighting over a small strip of land, where neither party changes its standpoint and legal costs quickly increase due to their unwillingness to use ADR. Following this Protocol will help you solve a dispute earlier.
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A boundary dispute often includes two parties fighting over a small strip of land, where neither party changes its standpoint and legal costs quickly increase due to their unwillingness to use ADR. When establishing a boundary, complex questions arise such as:
- Is the boundary marked by a physical feature?
- Is the boundary defined in legal documents?
- Is the physical boundary followed exactly the same as the legal boundary?
- Is there an agreement between the owners, a statute or legal presumption that defines the boundary?
These disputes can be notoriously complex and the final outcome can be uncertain. But there must be some other way to resolve this efficiently.
Now, there is.
A new Boundary Disputes Protocol has been created by the Property Litigation Association. The Protocol applies to both commercial and residential property within England and Wales and assumes that informal discussions have failed, and a more structured resolution is required. It is a FREE resource online for parties alongside relevant guidance.
What does the Protocol do?
There are a number of time limits and processes that the Protocol implements for parties in order to exchange information and resolve the dispute efficiently and consensually. Failure to comply with the Protocol could result in costs being awarded at court against the non-complying party.
What does the Protocol say?
1. When a dispute arises, neither party should interfere with the boundary or the disputed land, until the dispute is resolved.
2. Neither party should do anything which may impair the relationship between the parties or increase costs unnecessarily.
3. Both parties should agree to use the Boundary Dispute Protocol.
4. The First Conveyance should be interpreted to determine the location of the boundary. The words used, and the physical features referred to on the First Conveyance can assist the dispute. In some circumstances, subsequent conduct and services could be relevant.
5. Each party must consider the evidence that they can use. They must exchange documentary evidence they have, identify proposed witnesses and what they will say.
6. When appropriate, a joint expert should be instructed. If separate experts are justified, the experts need to write reports, meet up, identify the issues in dispute and set a strict timetable.
7. There should be an on-site meeting with the parties in dispute and any surveyors that have been instructed. An agreement on what the issues are needs to be made.
8. Any agreement reached must be set out in a written document and state clearly what has been agreed or what is required. It may refer to physical features on the ground. This will prevent future disputes. For certainty, it is wise to ask a lawyer to draw up this agreement.
9. Each party should apply to the Land Registry to note the agreement against their titles.
Following this Protocol will help you solve a dispute earlier, avoid unnecessary costs and can preserve a relationship between neighbours. We therefore suggest that you seriously consider the Protocol before pursuing litigation.
The easy to read Protocol can be found here.
2018 08 22
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Co-habiting with your Valentines: 4 Myths
Whilst it might be seen as unromantic, this blog helps to clarify 4 myths about cohabitation so you can understand your rights as a cohabiting couple better and get back to enjoying your day!
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A recent poll commissioned to mark Cohabitation Awareness week revealed that out of 2,000 adults, 37% wrongly believed that unmarried couples can obtain a ‘common law marriage’ and 27% wrongly believed that if they separated they would have the same rights as a married couple. Whilst it might be seen as unromantic, this blog helps to clarify 4 myths about cohabitation so you can understand your rights as a cohabiting couple better and get back to enjoying your day!
Myth 1: Because you have lived together for so long, you are treated as husband and wife
WRONG
A common law marriage does not exist in any form. Regardless of the duration of the relationship, the laws applied to cohabiting couples are completely different to those applied to married couples.
Myth 2: If we split up, the main carer of children will get the cohabited home
WRONG
This should not be assumed. Although a court considers the needs of the children, the main carer may not be able to keep the shared home. Once a child reaches the age of 18 years old, their needs are no longer prioritised and the house will usually be sold in order for the other parent to retain their rights in the house.
Myth 3: Cohabitation agreements are of no assistance
WRONG
A cohabitation agreement allows both parties’ promises to be recorded in a written agreement. This helps you to know the rights that you and your partner have, and allows the court to know what the parties intended.
Myth 4: The court will consider a fair outcome
WRONG
Because you are not married, the question is: “who legally owns the assets in dispute?”. The argument of fairness is not of any huge influence. Factors that do come into consideration are whether there was a common intention to share the property and there had been an express conversation stating this, or, whether the property is held jointly in proportion to the amount paid.
Whilst we sincerely hope that you never need to get into this kind of situation (and not on today of all days!), if you do want a free, confidential discussion regarding a co-habitation dispute, take a look at our Cohabitation Dispute page on our website, or get in touch with Matthew Dowell.
2018 30 14
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Don't Cry Over Spilled Milk
Yes, ‘Don’t cry over spilled milk day’ is an actual day, and it’s today! So, in the midst of legal proceedings, issues, claims and disputes, we therefore encourage you to think of the positives and stay optimistic as a litigant in person or for your legal representatives.
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Yes, ‘Don’t cry over spilled milk day’ is an actual day, and it’s today! So, in the midst of legal proceedings, issues, claims and disputes, we therefore encourage you to think of the positives and stay optimistic.
It may be hard to do so, due to the financial difficulty, time pressures, nerves and ambiguity that may surround your legal situation, but think of the benefits of your situation.
The Jackson civil litigation reforms have benefitted you in the following ways:
- An extension of the range of funding mechanisms that are available to parties such as damaged based agreements, third party funding and legal aid funds;
- Banning referral fees in personal injury cases;
- Fixed costs in the fast track;
- Controlling disclosure and e-disclosure more effectively so that costs are proportionate to the issues in dispute;
- Part 36 offers; and
- The promotion of ADR and out of court settlement.
These make your legal experience less time consuming, less expensive and can even help preserve the relationship between parties.
It may not be plain sailing in law for everyone, but we learn from mistakes. The legal proceedings will end at some point. The whole process and final judgement will help you understand how to avoid disputes and proceedings in the future or deal with them in an efficient way.
It could be worse, you could have finalised your dispute before the reforms.
After all, the glass is still half full (of milk).
2018 00 11
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Winter Olympics
If you’d like to know more about how the Winter Olympics are regulated, have a read of this blog to see the rules that must be complied with.
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The Winter Olympics Games are being held in PyeongChang in South Korea this year. Although a fun event, sporting ‘irregularities’ have become a much bigger issue in recent times. So, if you’d like to know more about how the Winter Olympics are regulated, have a read of this blog to see the rules that must be complied with.
There are 3 primary enforcement codes and conventions that implement the rules for the Winter Olympic Games. These are:
- Olympic movement Code on the Prevention of the Manipulation of Competitions
This Code aims to provide sports organisations with harmonised regulations to protect all competitions from the risk of manipulation. Appropriate measures must be taken to comply with the Code by all National and International Olympic Committees, International Federations, their respective members and also IOC recognised organisations.
More information is available here.
- IOC Code of Ethics
The Code prevents participants of the Olympics from betting on the events and report any suspicious activity of manipulation, corruption and cheating. Each Olympic Games has its own edition of the Code. There is a strict review and disciplinary procedure for non-compliance.
The 2018 Code of Ethics can be found here.
- Council of Europe Convention on the Manipulation of Competitions
This is a specific international convention on competition manipulation, signed by states around the world. It aims to prevent, detect, punish and discipline the manipulation of sports competitions including the Winter Olympic Games, alongside enhancing international cooperation with sports organisations.
More information can be found here.
2018 30 06
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