Mediation Services

Boundary Disputes

Boundary disputes are often expensive, complicated and very stressful, as usually they derive from matters affecting those whom live or own property that adjoins. This often means that there is little escape from the dispute, which can be a burden that impacts on every element of your life. Boundary disputes are unfortunate but are rarely unsolvable, in the right hands, which are the hands of those whom are directly impacted by the dispute.

Boundary disputes, normally arise when there is a misinterpretation or representation of the exact position of a boundary or the historical use of an area of land. This may arise suddenly when a fence or similar is changed or over time where use changes or is challenged.

This may arise suddenly when a fence or similar is changed or over time where use changes or is challenged. It may also arise when building works are planned or land/ property is sold. Boundary Analysis is another area in which we specialise in.

There are several riles of thumb, myths and misconceptions regarding boundaries and as these matters are usually personal it can be easy to overlook the evidence in favour of these positions if they support your needs. However, it is also important to focus on the matters behind a dispute as often a resolution is favoured without there being a need to fist determine the boundary line. If the disputed matters are carefully unravelled and resolved, the boundary line can often be agreed as a direct result of the disputed matters being achieved. 

Boundary disputes that do end up in court are usually disproportionately expensive in terms of loss and gain, by this it is meant that even the ‘winner’ may have disproportionality invested time and costs regardless of their eventual win. Similarly the party to whom is judge concludes is incorrect will have incurred their own legal costs, a high proportion of the other parties legal costs and may also lose out on the land/ right/ advantage that has been sought. Mediation, however allows all parties to be heard and may inject a sense of balance as a result of the personal investment and commitment to the process, within achievable expenditure and time management.

Our expert mediator has extensive experience in disputes and can offer advice and personal experience in such matters that may allow the parties to achieve a resolution that is satisfactory to all concerned and moreover, is laid to rest in acceptable time frames that may not be the case with a court hearing. Minimising time committed to the dispute often in itself enables a balanced resolution to be reached as the personal investment is less significant and therefore the ability to direct their energy can be targeted to the resolution itself. As the old adage goes ‘Good Boundaries Make Good Neighbours’ and to add to that a good resolution to a boundary dispute makes even better ones. In light of this we believe that mediation is not only the most cost and time efficient way to manage a boundary dispute but it is also the most lifelong empowering one too. Taking measures to ensure all parties positions are heard almost always allows for compromise and empathy ensuring that, not only is the dispute resolved but that the outcome is mutually felt.