The Demise of the Home Information Pack
25/05/10
Cutting the Costs of Boundary Disputes
Monday 24th May 2010
Simon James, Partner, provides his observations on these types of disputes;
When a good client described the relief he felt when the neighbour with whom he had been in dispute with for over 5 years finally moved I was reminded just how much stress and despair boundary disputes can cause. Sometimes the only apparent solution is when one or the other party moves. But moving is a drastic option and why should you? Also there is an obligation upon someone selling a property to disclose the existence of such a dispute to a potential purchaser. This may of course block the desired escape route.
Such a dispute over a few feet of land in Cheltenham has again recently made legal headlines for the wrong reasons. Why? Estimated land value £5,000.00, estimated legal costs £250,000.00! How on earth did that happen? The prime ingredients are two determined people and deep pockets. Dr Welding and Mr Charambolous were two such people and they managed to drag their argument all the way to the Court of Appeal. When Dr Welding threw all his arguments including adverse possession, equitable estoppel and harassment and allegations of pick axes being waved at Mr Charambolous he no doubt could never have imagined where it would lead. In the end the Court of Appeal simplified the argument to where the boundary line was and what evidence existed of any agreement as to its position.
It almost does not matter who won as both parties will have suffered enormously. Therefore any Solicitor with experience of such disputes ought to start by reading out the Judge’s comments in a 2006 case “it is sadly a commonplace that boundary disputes can be fought with a passion out of all proportion to the importance of what is involved in practical terms. In such cases, professional advisers should regard themselves as under a duty to ensure that their clients are aware of the potentially catastrophic consequences of litigation of this kind and of the alternative dispute procedures”.
What are these and what are the tips to avoid the fate of Dr Welding and Mr Charambolous?
1. First, try self help as soon as a dispute arises and speak calmly to your neighbour to try to sort it out. Maintaining communication even if it is by letter is the key.
2. If necessary start gathering your evidence, especially from previous owners.
3. Do not over rely on plans. Often they are for identification purposes only and not meant to be magnified and measured to the nearest centimetre. The scale is often so small and boundaries so thick as to be useless for any other purpose.
4. Above all speak to a specialist Solicitor, not with a view to starting litigation but with a view to avoiding it and finding out what your options are including different methods of alternative dispute resolution.
This can take not only the headache out of boundary disputes but lots of the potential costs as well.
This article provides general information and should not be relied upon. For further information or assistance please contact Simon James on 01453 847 203 or saj@aeswinterbothams.com.