This episode of 'In Conversation with…' looks at the need to construe the conveyance or transfer creating a boundary and how extrinsic evidence can be used in determining boundary position with William Hanbury, author of Boundary Disputes - Practice and Precedents.
Despite extensive effort by the courts’ service to encourage parties to settle boundary disputes by ADR, many such disputes still get to court.
There are also a number of changes aloft, including the Property Boundaries (Resolution of Disputes) Bill which reached its first reading in the House of Lords in July 2017. This would compel the parties to resort to resolution of their disputes by a surveyor or surveyors appointed by the parties and would radically transform this area of practice.
The podcast also explores the difficult problems created by plans, especially where they are 'for identification purposes only' as well as considering a number of other contemporary issues including current attempts to maximise the use of ADR.
Find out more about the Boundary Disputes book.
Bill’s practice covers advocacy and advice in all areas of property especially disputes over boundaries, easements and rights between adjoining owners, co-ownership and estoppel claims, commercial and residential landlord and tenant, including public sector tenancies and conveyancing disputes. He is recommended in the property section of the Legal 500 in which he is classified as a Tier 1 advocate and described as 'commanding respect from judges'.
Bill regularly appears at all levels of the court and tribunal system including the Supreme Court and has been instructed in mediations about a variety of property issues.
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