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29 November 2018 / Mark Whittell
Issue: 7819 / Categories: Features , Profession , Property , ADR
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Boundary disputes: the solicitor’s nightmare

​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

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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