Disputes over boundaries can arise on many transactions, whether a residential purchase or a commercial development. Often the lawyer is asked to advise on the extent of the property on the basis of poor or non-existent plans. This course will identify the key factors determining the position of a boundary and some practical approaches to solving problems.
Topics covered include:
- * Introduction and context - neighbour disputes, commercial disputes, ransom issues
- Sources of information on boundaries
- HMLR, Ordnance Survey, pre-registration deeds, aerial photos, surveys, etc.
- Limitations and relevance of each. Admissibility of extrinsic evidence
- Things going onto adjoining land – trees, roots, drains, structures
- Things interfering with adjoining land - noise, smell, limitations on light, etc.
- Breach of legal rights - covenants, excessive user of easements, lack of permission, breach of regulatory controls, etc.
- * Remedies and Limitations
- Tort - nuisance, trespass, negligence
- Contractual - enforcement of covenants and restrictions, Lands Tribunal powers
- Statutory powers - statutory undertakers powers, local authority powers, statutes incl. High Hedges, Access to Neighbouring Land Act, Party Walls, Land Registry powers etc.
- Injunction or damages only - what are the factors?