Conveyancing Advice - Boundary Disputes and Conveyancing

Most conveyancing solicitors or conveyancing lawyers will tell you that you that a sure way to kill a conveyancing transaction is the revelation of a boundary dispute between neighbours.  

The conveyancing process requires in various forms to reveal disputes relating to the property  and in particular boundary disputes. These disputes have to be revealed in conveyancing forms such as a Sellers Property Information From. With the introduction of Home Information Packs ( Hips ) and Property Information Questionnaires ( PIQ )  disputes should now be revealed even earlier.   In yet another boundary dispute over a small piece of land of limited value the Court of Appeal has emphasised the importance of referring these disputes to mediation at the earliest possible opportunity.   Good conveyancing advice dictates that such disputes  should be resolved  before you consider placing your property on the market and most certainly before the conveyancing process.  

For a list of mediators who specialise in property disputes click here: http://www.propertylawuk.net/mediators.html

In the case of Bradford v James the Judge said :

"There are too many calamitous neighbour disputes in the courts. Greater use should be made of the services of local mediators, who have specialist legal and surveying skills and are experienced in alternative dispute resolution. An attempt at mediation should be made right at the beginning of the dispute and certainly well before things turn nasty and become expensive. By the time neighbours get to court it is often too late for court-based ADR and mediation schemes to have much impact. Litigation hardens attitudes. Costs become an additional aggravating issue. Almost by its own momentum the case that cried out for compromise moves onwards and upwards to a conclusion that is disastrous for one of the parties, possibly for both. "

 Wise words indeed !


by admin
Monday 14th of September 2015 09:34:29 PM