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Boundary Disputes: New Protocol

27/10/2017

boundary-disputes-new-protocol

Establishing boundaries is important because the boundary of a property determines in respect of what land the rights and liabilities of the property owner or occupier will operate.

Boundary disputes are notoriously complex and uncertain as to the final outcome. The parties are frequently emotionally involved, making settlement of the dispute more difficult. With this in mind, the website Property Protocols has published a new protocol for use where neighbours are in dispute about the location of the boundary between their properties. The protocol has been developed with the support of the Property Litigation Association.

The protocol assumes that informal discussions have failed and is designed to apply to both residential and commercial properties. It has three main aims:

  • To ensure that neighbours exchange sufficient information in a timely manner to minimise the scope for disputes between them.
  • To enable any such disputes to be readily resolved, including by alternative dispute resolution.
  • To keep costs to a minimum.

It is accompanied by a guidance note and also a supplementary guidance note. These set out what the parties should expect from the surveyor, who is appointed to assist with the resolution of the dispute.

For further information on Boundary Disputes or any other Property matter, please contact Lina Rodriguez on 02034901475 or via email to lina.rodriguez@johnsandsaggar.co.uk