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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


Excellent course. Interesting throughout the whole day. Resource book provided will be very helpful to me.

Freya Feghali - MFG Solicitors LLP

Brochure


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Book

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

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