Associate Patrick Kershaw has been quoted in an article in The Times on boundary disputes. The article explores the reasons behind the surge in boundary disputes — including the lasting impact of the pandemic and shifting generational attitudes — as well as the costs involved and some typical points of contention between neighbours.
What you want to find in any boundary dispute is the oldest conveyance—the oldest transfer plan—which is like a zoomed-in version of a title plan, where the scale is clearer and you can determine, is that tree on my side of the land or not?
Mediation is great because you can agree things a judge isn’t able to order. So if you want the fence painted a certain colour or the hedge to be a certain height, you can agree that in mediation.
The full article is available to read online from The Times, by subscription only.
Patrick Kershaw is an associate in the property litigation team, advising on the full breadth of contentious property matters.
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