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:
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.
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.
The easy to read Protocol can be found here.