Helping you solve your boundary disputes
A home is meant to be a place of comfort and security, however, a boundary dispute with a neighbour can often create a stressful environment within a home.
Boundary disputes can occur in a variety of different ways in relation to both residential and commercial properties. The dispute is often regarding pieces of land which have little or no financial value.
At Kidwells we can help to isolate the key issues in a boundary dispute and provide legal accurate and practical approaches to disputes which gives the client a cost-effective outcome.
Our lawyers can advise on the following issues;
The extent of rights of way
Obstruction of rights of way
Repair of rights of way
Damages for loss of light
Interference with light
General issues regarding the extent and use of easement, including drainage and water rights
Nuisance by noise, encroachment, smell etc.
Breach of restrictive covenant
Discharge and variation of a restrictive covenant
Claims by solicitors, architects and other professionals for outstanding fees in property related matters.
How we can help
In relation to most of the above disputes, matters are rarely as straight-forward as they seem. We have experienced lawyers who will gain a good understanding of both sides of a dispute and provide practical advice considering all information available. They will ensure that a cost-effective strategy is provided in matters which can often become very expensive for clients.
Parties often come to their conclusions by placing too much emphasis on photocopies of Land Registry Title Plans. Such documentation has severe limitations in terms of accuracy and the effect of the ‘general boundaries rule’.
We actively encourage the use of the Royal Institute of Chartered Surveyors Dispute Resolution Scheme and the Chartered Institute of Arbitrators. Both provide cost-effective use of their expertise to assist in an early resolution to a dispute.