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Boundary disputes: the solicitor’s nightmare

29 November 2018 / Mark Whittell
Issue: 7819 / Categories: Features , Profession , Property , ADR
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​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

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