The client instructed Samuel Okoronkwo Jr. for advice regarding an ongoing boundary dispute involving a neighbouring property. In 2022, the neighbour replaced a fence along the shared boundary, allegedly encroaching onto the client’s land by approximately half a foot. A surveyor’s informal report supported the client’s position, referencing the HMLR Title Plan. Despite initial correspondence between solicitors and an apparent attempt by the neighbour to reposition the fence, the matter remains unresolved.
The client remains unconvinced that the fence has been restored to its original position and is dissatisfied with the lack of clarity and resolution. The central issue is whether the client should pursue formal legal remedies or attempt alternative dispute resolution.
Samuel Jr. advised that the client could initiate a trespass claim in the County Court and seek an injunction to compel reinstatement of the boundary, along with potential damages for any loss suffered. Alternatively, the client could apply to HM Land Registry to alter the register or determine the boundary, which would likely be contested and referred to the First-tier Tribunal (Property Chamber). However, counsel recommended a more pragmatic approach: engaging the neighbour in writing to propose independent mediation in accordance with the CJC Guidance Note on Boundary Disputes. The client agreed and is awaiting a quote for the proposed letter.
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