Description
This expert-led session explores the legal, practical, and procedural complexities of property boundaries, emphasising the importance of clear documentation, professional surveys, mediation, and proactive management of risks like adverse possession and inaccurate title plans.
Key Points
- Legal Boundaries Are Often Unclear and Distinct from Physical Features
Land registry title plans only show general boundaries, not legal ones, making it essential to rely on original deeds and professional interpretation for accurate boundary identification. - Adverse Possession and Boundary Agreements Can Reshape Ownership
Long-term unauthorised occupation can result in legal ownership, while formal boundary agreements, though helpful, may not bind future owners unless registered through determined boundary applications. - Mediation is Preferred Over Litigation in Boundary Disputes
Courts strongly encourage mediation due to the high costs and emotional toll of boundary litigation, with penalties possible for parties who avoid alternative dispute resolution.
Learning Objectives
- Distinguish between legal and physical boundaries and understand the limitations of land registry title plans.
- Evaluate the legal mechanisms for resolving boundary issues, including adverse possession and determined boundary applications.
- Apply best practices for preventing and resolving disputes, including the use of mediation, expert surveys, and proper documentation.
