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Boundary disputes can lead to a particularly painful form of litigation. In addition to the strong feelings of disputants, challenges for practitioners arise from increasingly complex legal principles, a wide range of dispute resolution methods (including specialist tribunals and mediation) and a greater focus on costs.

The second edition of this book has been much expanded and updated to offer lawyers and litigants-in-person:

• guidance from an experienced practitioner to help identify and assess the evidence a summary of the funding options
• a concise exposition of the law showing how it applies to practical problems
• detailed coverage of the rules relating to the First-Tier Tribunal (Land Registration Division) and how it has worked in practice.

Statutory extracts are given in the appendix for quick reference and an expanded range of precedents are included on the accompanying CD for ease of customisation.

Contents

1. The conveyance or transfer  2. Determination of the boundary from documentary and other extrinsic evidence  3. Determination of the boundary from the physical evidence on site and by presumption  4. Boundaries of registered land  5. Extinction of title  6. Party structures and features  7. Establishing the boundary in particular cases  8. Establishing ownership of the sub-soil including mineral rights  9. Resolving boundary disputes  10. Court based remedies and orders.  Appendix:  A. Statutory extracts  B. Precedents. 

About the Author

William Hanbury is a deputy judge of the Upper Tribunal and barrister at Exchange Chambers specialising in property and commercial dispute resolution, including public law and rating cases.