Boundary disputes, which are conflicts between adjoining property owners concerning contiguous parcels of land, can be costly and troublesome. A minor disagreement over the positioning of a fence, hedge or a new extension can escalate into a significant issue, draining your time, finances, and mental well-being. The good news is that boundary mediation can assist you in resolving conflicts before they escalate.
What is Boundary Mediation?
Boundary mediation is a process that allows you and your neighbour to come to an agreement with the assistance of a neutral third party, known as a mediator, who facilitates the conversation. The mediator’s role is to ensure fairness in the commercial mediation proceedings and that every participant understands the other’s standpoint. Mediation is not like a court where a judge imposes a resolution, and, unlike a court, mediation is far less expensive, private, and faster.Why Boundary Disputes Get Messy
Conflicts over boundaries stem from elusive and evolving property lines. Perhaps a fence or a hedge was erected, and the property line was not verified beforehand. Or perhaps there is a property that is inherited that causes ambiguity on where the actual boundaries of the land are. Without a quick and effective resolution, the problems escalate. There is a tendency to engage solicitors to deal with the matter or, worse, take the issue to court. This not only results in damaging the relationship with the neighbours but also leads to a long, drawn-out, and costly battle.How Mediation Helps You Avoid These Problems
Saves You Money
Court cases can result in costs upwards of several thousand pounds. There are the added costs of solicitors, surveyors, and the court/land tribunal. All of these come with a price. The average price of dealing with boundary disputes in court is not cheap. A conservative figure is typically around £20,000 per party. One case cost £309,000. The parties were arguing over a shared drain. The cost to fix this shared drain was £4,000. But the parties took the case all the way to the Court of Appeal. Whereby the losing party had to sell their property to pay the legal fees racked up by both parties. Mediation, on the other hand, is much cheaper, providing a cheaper alternative to court disputes. In addition, court cases can take years or months, while mediation, for a boundary dispute, will not take more than one day.Fast and Flexible
Resolution through mediation is often quicker than litigation, where most disputes are resolved in a single day. Moreover, mediation allows for tailored agreements such as cost-sharing for fence repairs or stipulations on maintenance responsibilities. Contrary to mediation, court decisions often default to rigid legal frameworks that may not align with your circumstances.Keeps Neighbourly Peace
Mediation allows you to settle matters with your neighbours while preserving your relationship. After disputes, you are still neighbours, and mediation enables better communication and cooperation, protecting or often improving your relationship. Or at least allowing you to be civil. Remember, you live next door to one another. How long can you avoid each other?Private and Confidential
Mediation maintains confidentiality. Unlike court disputes, mediation discussions are private. Any agreements made within the mediation sessions are not disclosed, which helps to maintain sensitive matters as private.Legally Binding Agreements
Mediation results in the signing of an agreement that each party is bound to. Agreements made, particularly those reached through mediation, hold legal enforceability and can be acted upon as required by law, ensuring adherence without the necessity of a court directive.Mediation Concerns Clarification
We understand your worries and hesitations about mediation. Perhaps your primary concern is feeling like you’re losing your rights or becoming powerless to the situation. That is not the case. The mediation process allows for voluntary participation, meaning you can choose to leave at any point. The mediator is simply a means to facilitate clear communication and not a decision maker. We understand that the process can feel cumbersome and lengthy; however, many people do ask if the process is efficient. In fact, a study published by the United Kingdom’s Ministry of Justice found that 66% of boundary disputes that are attempted to be settled through mediation are successful, which is a much better outcome than resorting to expensive courtroom battles.Mediation Preparation
If you are considering mediation as a viable option, there are a few steps you should take. Compile every document that is relevant to the property boundary, such as maps, photos, letters, title deeds, and any other relevant communication between you and your neighbours. Identify what your ideal outcome is, but be open to using an adaptable approach. Be willing to understand and actively consider your neighbour’s position. Ensure that your mediator is an expert in property law as well as boundary disputes.Strategies to Resolve Complex Boundary Disputes
Mediation is the most optimal and efficient method of achieving a resolution. To ensure that there is no conflict, it is advisable to do the following:- Approach communication calmly and as early as possible with your neighbours.
- Before your neighbours get really frustrated, recommend mediation as a plausible first step.
- Maintain records of discussions and arrangements.
- Obtain legal counsel, but consider mediation first, as it is more cost-effective and time-efficient.
- Mediation is helpful even when legal representation is obtained, as it reduces time and costs.
When Is Mediation the Right Choice?
Mediation is effective for:- Disagreements over the erection of fences, walls, and hedges.
- When one property crosses over another and it is termed as encroachment.
- Disputes involving inherited properties and other probate issues.
- Disputes over rights pertaining to paths or driveways. Shared maintenance, easements, private roads/tracks and the like.
