Mark Whittell offers a novel solution to the stresses & strains of the boundary dispute
- Mediation can provide a quick, cheap and practical alternative to the protracted and expensive process of resolving a boundary dispute in court.
To the file we all dread—the boundary dispute.
- The client is acting on a point of principle.
- The client will be irrational and not act commercially.
- The costs will be totally disproportionate.
- The reality is one party will have to move for them to be happy.
- No matter how well you conduct yourself, the court is going to be highly critical of the fact you have not settled and the costs you have incurred.
- And it will hang around in your filing cabinet for ages as it will not have any priority.
It all leads to a worried and dissatisfied client and a frustrated solicitor.
The problem
You will be litigating usually over a small strip or piece of land which will have a negligible value, but because of the complexity of the arguments over title and adverse possession, it will creep into
