Boundary disputes generally arise when the owner of one property encroaches on a neighbouring property by erecting a wall, fence or other structure. Sometimes there is little or no documentation to specify where one property ends and another begins. In other cases, the title plan will quickly clarify the boundary of a property.
Because most people prefer to get along with their neighbours, we aim to resolve boundary disputes quickly and amicably by establishing a polite, open dialogue with the other party and by examining all available legal documentation to determine boundary lines and reach a positive outcome.
I need to resolve a dispute. What are my options?
Alternative dispute resolution
Alternative Dispute Resolution (ADR) enables civil disputes to be settled outside of court. Often this is simpler, swifter and more cost-effective than going to court. ADR takes various forms:
- Negotiation. A confidential, informal and voluntary process which enables all parties to a reach agreement through structured discussions. Whether you negotiate directly yourself or through a third party, you’ll need expert legal advice from a legal professional who can explain your rights.
- Mediation. A private process in which a neutral third party helps the other parties to reach a resolution. A professional mediator will guide discussions and remain impartial throughout the process. We can help you find a suitable mediator and, once your dispute is resolved, we can draft a Memorandum of Agreement which outlines the agreed terms.
- Arbitration. A process involving a professional arbitrator who will consider the written and/or verbal evidence of both parties before reaching a decision. The decision (known as an award) is legally binding for both parties and can be filed in court.
If your dispute can’t be settled without going to court, we can help you to bring a civil claim to the court system. In these cases, we will ensure you understand the legal process and take any pre-action protocols which might relate to your case.
With Wilkinson Woodward’s expert advice and support, you won’t have to face your dispute alone and you can be confident of achieving an outcome which is favourable, straightforward and cost-effective.
For an initial discussion about your dispute, please contact our offices in Halifax, Huddersfield or Brighouse.