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Course Boundary Disputes: A Practical Approach

Overview


Disputes over boundaries can arise on many transactions, whether a residential purchase or a commercial development. Often the lawyer is asked to advise on the extent of the property on the basis of poor or non-existent plans. This course will identify the key factors determining the position of a boundary and some practical approaches to solving problems.

Topics covered include:

  • Introduction and context - neighbour disputes, commercial disputes, ransom issues
  • Sources of information on boundaries

    • HMLR, Ordnance Survey, pre-registration deeds, aerial photos, surveys, etc.
    • Limitations and relevance of each. Admissibility of extrinsic evidence
  • Types of dispute

    • Things going onto adjoining land - trees, roots, drains, structures
    • Things interfering with adjoining land - noise, smell, limitations on light, etc.
    • Breach of legal rights - covenants, excessive user of easements, lack of permission, breach of regulatory controls, etc.
  • Remedies and Limitations

    • Tort - nuisance, trespass, negligence
    • Contractual - enforcement of covenants and restrictions, Lands Tribunal powers
    • Statutory powers - statutory undertakers powers, local authority powers, statutes incl. High Hedges, Access to Neighbouring Land Act, Party Walls, Land Registry powers etc.
    • Injunction or damages only - what are the factors?

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Details


Hot
Type
Course
Level
Intermediate
CPD
6 hours
SRA

Fees


£210.00
Package Price
Click here for details

£480.00
Non Member

(Excluding VAT)

Speakers


Hannah MackinlayDetails

Testimonial


Hannah was brilliant. She makes the topic (which could be quite dry!) very interesting, which makes it easier to learn and absorb the information.

Emma Southall - First Title Services

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Book

Tue 09 May 2017 Book
09:30 | London
Hannah Mackinlay

Tue 06 Jun 2017 Book
09:30 | Southampton
Hannah Mackinlay

Thu 14 Sep 2017 Book
09:30 | London
Hannah Mackinlay

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