Stephensons Solicitors LLP Publishes Guidelines for Boundary Disputes

Stephensons Solicitors LLP has published some helpful guidelines for potential clients, which outline the basic steps to take when dealing with a boundary dispute.

According to the article, released via their official blog, these steps have been published in response to the number of cases that the firm deals with, in which simple processes have not been tackled. With their help they hope to remove much of the stress involved in the process.

The article, by solicitor and partner Andrew Leakey, explains that wherever possible, clients should aim to resolve their boundary disputes amicably, citing the cost and stress involved with the procedure.

Importantly, because of the cost involved Leakey advises that claimants obtain Legal Expense Insurance, which can cover up to £50,000 of legal fees. He explains that “Whilst that might not cover the whole dispute, it will go some way towards it.”

Evidence to support the boundary dispute claim should quickly be collected. Photographs and video of the historic position of boundary is extremely important, and even more so if the photographs and videos can be dated.

Once they have the evidence, Stephensons Solicitors LLP advises that they find a good expert in boundary disputes; one with extensive court experience in the field. Leakey reasons that “If they’ve been challenged by a barrister in the past, their report writing will be all the better for it.  Sometimes a good expert can resolve disputes between parties.”

This expert will require the client’s title deeds; the original transfer, conveyance or lease of the land, with the original plan. Many lenders might have ‘dematerialised’ deeds, which could be the difference between the success and failure of the claim. Leakey advises that the Land Registry may retain copies, which are available on request.

Equally crucial to success is contacting any witnesses; be it family, friends, previous owners or neighbours, who might indicate what was there in the past and whey the land was shaped the way it was.

Finally, Leakey advises that the client find a specialist land dispute solicitor, whilst adding that “going to law should be the last resort”.

Stephensons is one of the largest solicitors in the North West, with a client base that extends across the UK. Many Stephensons solicitors are considered leaders in their field, and the firm is recommended in more than 10 areas by The Legal 500, an independent guide to the legal profession in the UK.

If persons are involved in a boundary dispute and feel that a legal solution is the only possible course, they can seek clear and professional legal advice from an expert at Stephensons. Visit http://www.stephensons.co.uk/ or call 0844 488 9090.

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Lianne Tracey

Public Relations Executive

Stephensons Solicitors LLP

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