As a cost lawyer, we can also represent you at detailed valuation hearings and act in your best interest on cost issues. A border dispute arises when both parties believe that they are entitled to land and that they are often a feature of neighbouring disputes. These disputes usually begin when a party wall or fence is erected on land that the other party believes belongs to them. Gilks v. Hodgson is an example of a case where both parties have incurred costs far beyond the value of the land to determine where their boundaries and rights lie. “The plaintiffs` costs alone are estimated at £90,000 plus VAT. I do not believe that the defendant`s costs will be significantly lower. The Hodgsons appealed. The Court of Appeal allowed the appeal in part.
He noted that the boundary was in the middle of the trench, not in the track, because the trench type meandered over the earth and did not reach the entire length of the track. However, the court did not overturn the finding of an order easement (although the evidence of the 20-year use was “light”). The Court`s message was “a scourge on both Chambers”, as neither of them was fully satisfied. If you would like to discuss your cost issue with us, please contact us on 01204 397302 or by email at info@arccosts.co.uk. Documents can also be sent directly to us using our “Teach Us” feature below. A year has passed since the introduction of the Lawyers Qualification Examination – the biggest change in legal education in three decades. A lot has gone well, but there are areas for improvement. If you have been granted a fee, we can help you dispute costs that you consider unreasonable. This objective is achieved through negotiation and dispute settlement.
One of the most common events that end in a border dispute is when an overgrown land separating two parcels of land is cleared and the person doing the clearing then erects a new border fence, wall or wood panels without discussing anything with their neighbor. In one case (Gilks -v- Hodgson [2015] EWCA Civ 5), legal costs for the parties reached over £500,000.00. So many border disputes can be avoided if you have an open and friendly discussion with your neighbor to prevent them from feeling like you are intentionally invading their country. If you agree on a dividing line between your two properties, invite them to review your work over time, it`s a “neighborhood” thing, after all. There have been several attempts to introduce alternative ways for the parties to settle border disputes and avoid the high costs of litigation. You need to make sure that they have a copy of the title deeds of the property, as this shows a clear boundary, although unfortunately these boundaries are rarely associated with exact measurements. You should then meet your neighbor and get their confirmation that they are happy with the border. This confirmation must be made in writing, and the agreement must then be submitted to the land registry to ensure that there are established and indisputable records where the boundary is between your two properties. But costs can rise rapidly. So how much can you expect to spend on border disputes? This has often been rejected in the past, as the costs of the process outweighed the value of the land. Unfortunately, in many cases, these disputes cannot be reasonably resolved. In addition, discussions between neighbors trying to resolve them become bitter and relations collapse.
For this reason, whenever you encounter this type of litigation, it is sometimes worth hiring a lawyer. Yes, attorneys` fees are often non-refundable in cases involving neighborhood real estate disputes. Nevertheless, these expenses could be reimbursable under the Criminal Code. The common law requires one of the parties to ask the court for an explanation of the dividing line. In California, Section 1033.5(a)(10)(A) to (C) of the Code of Civil Procedure provides that attorneys` fees may only be reimbursed as a cost if the contract, law, or statute permits it. In most cases, neighbourhood disputes do not fall within the jurisdiction of this section, as there is often no contract, law or law that determines that the winning party is entitled to attorneys` fees. It can therefore be argued that section 496(c) of the Criminal Code is at issue in certain related litigations which, under section 1033.5(a)(10)(B) or (C) of the P.C.C., would entitle the successful party to legal fees. One of the most frustrating things about border disputes is that not only do they usually affect very narrow strips of the country, but the amount of money that can be spent on a border dispute bears no resemblance to the value of the disputed country. Neither party is likely to be satisfied with the outcome, and once litigation in any case begins, the cost will increase significantly. Therefore, we urge all parties to check this in advance.
As a receiving party, once a case is closed and the costs are awarded to you, we can help you create detailed cost accounting on your behalf. We can also help as a cost negotiator to get the maximum coverage of the claimed costs. It is believed that a road line is in the middle of the street. For a hedge and a ditch, the boundary is on the uncovered side of the ditch. The same potential for an antagonistic situation is when a hedge is replaced by a fence. Hedges can be notoriously thick, up to six feet wide. If there is no old fence hidden in the hedge, how do you know where the border is? Just because you`ve dismantled the hedge doesn`t mean you`re automatically the legal owner of the entire width of the strip of land the hedge has occupied. “The judge deplores the enormous costs of the 17-inch border dispute,” headlines Legal Futures in his latest article.
The judge said he was beyond his understanding of how the dispute cost the parties more than £200,000. Mediation is not only faster than going to court, but also much more cost-effective in resolving disputes. If you have an ongoing border dispute with your neighbour or if you feel there is potential for it, we recommend that you contact one of our neighbourhood litigation lawyers here at Qredible.co.uk and they will inform you of the most effective course of action. Border disputes usually arise when the exact boundary is not demarcated or clearly indicated in the documents. Courts use physical characteristics and legal presumptions to determine the limit. HHJ Mithani ruled that the plaintiffs had not proven the assault, adding that even if they had done so, he would have come to the “conclusion without hesitation” that the defendant had in any case determined that there was an informal border agreement between them.
