Boundary Disputes Case Study
Boundary disputes, the Robinsons lived next door to the Browns, after a month of high winds the fence between their back gardens came down. The Robinsons decided to replace it because when they spoke to the Browns about it they always said they would sort it out together, but never did, after 6 months of no action, it was replaced by the Robinsons.
After being erected for a week the Browns demanded that the fence be taken down, as it was encroaching on their property and the original stumps had been moved, the Robinsons contended that their builder had brought materials which were cheaper and stronger than the old fence and had followed the boundary line.
Months of arguing ensued, finally solicitors got involved and mediation was suggested. The Browns argued that the new fence encroached on their boundary in certain places giving the Robinsons extra land, the Robinsons advised this could not be the case as their builder had used the original boundary line, therefore if they had encroached they always had done, and if this was not an issue before why should it be now, equally they had paid for the whole fence and they would not take it down.
From the neighbours deeds and plans the fence did not match the boundary line, although this was accidental and not deliberate there was an encroachment in certain places but nowhere near as much as the Browns were claiming.
The parties finally agreed for a single joint surveyor to be appointed to mark out the true boundary, whereby the fence would be moved in accordance to his findings, the cost of the surveyor and the moving of the fence wold be equally paid for by each, both would pay their own legal fees.
- The mediation took 1 day compared to the 8 months this construction dispute had already gone on.
- The mediation only cost each party a fraction each compared to the thousands they had already spent on legal fees and the thousands they would have had to spend had they continued with Court action.
Boundary Mediation Video
Our Boundary Mediators
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2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 21+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.
Harvinder Singh BhurjiLLB (Hons), QDR(M), MCIArb, MCMI, CTLLSDirector, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 25 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.
Jane WalmsleyBA, LLB, LLM, MCIArb, UKCP, MBACPPsychotherapist, Coach, Commercial &
Workplace Mediator, Barrister (non-practicing)
2004 ADR Group Accredited Mediator. 19 years mediation experience. CIArb Commercial Mediation Assessor. Solicitor & Consultant at Freeths 45+ years. Specialisms, dispute resolution, professional negligence, clinical negligence, product liability, personal injury, defamation & sports law.
Paul BalenLLB (Hons), Solicitor & Consultant at Freeths LLP, Director of Trust Mediation, Commercial Mediator
Dentist, CIArb & ADR Group Accredited Mediator, 18 years mediation experience, has been involved in over 100 civil & commercial mediations.
Dr. Michael ButterworthBDS, DGDP(UK), MFDS (RCS Eng), LLM, MCIArbDentist & Commercial & Family Mediator
2005 ADR Chambers Accredited Mediator. 18 years mediation experience. Chartered Accountant & Insurance Practitioner. Expert witness. Specialisms, insurance, liquidations, professional negligence, construction & boundaries.
David S BlackBSc (Hons) CA FCII FCILA ACIArb MEWICommercial Mediator & Accountant
2017 CEDR Accredited, 6 years mediation experience. Specialisms, commercial, company, contract, property, probate, IP & professional negligence.
Tim BennettPartner & Head of Dispute Resolutionat Bray & Bray Solicitors, 2007 - 2020.
CEDR Accredited Commercial Mediator
2005 CEDR Accredited Mediator, 18 years mediation experience. Proprietor of Beaumonde Law Practice, Solicitor & employment law specialist. Specialisms company, unfair dismissal, discrimination & compromise agreements. English & Punjabi speaker.
Sundeep Singh BhatiaEmployment Solicitor & Commercial Mediator 2011 CIArb Accredited Mediator. 12 Years Mediation Experience. 400+ mediations. CIArb Mediation Assessor. Specialisms, construction, property, commercial, boundaries, probate & professional negligence.
Bruce BourneMRICS, MCIArb, Chartered Surveyor, Commercial Mediator 2009 RICS Accredited Mediator. 14 years mediation experience. Fellow of the Royal Institution of Chartered Surveyors. Expert Witness, Determination. Specialisms construction, dilapidations, property & boundary.
Richard CavadinoChartered Quantity Surveyor & Commercial Mediator 2010 CIArb Accredited Mediator. 13 years mediation experience. Specialisms, construction, engineering, contract, employment, partnership, shareholder & professional negligence disputes.
Martin CollingwoodSolicitor, Commercial Mediator,Arbitrator, Adjudicator, Med – Arb specialist
2004 CEDR & ADR Group Accredited Mediator. 19 years mediation experience. Barrister, conducted 110+ mediations. Specialisms, boundary, landlord & tenant, employment, contractual disputes.
David DalyBarrister & Commercial Mediator 1996 CIArb Accredited mediator. 27 years mediation experience. Qualified as a solicitor in 1962. Specialisms. all forms of building and civil engineering projects in the UK & overseas.
Roderick O'DriscollFCIArb, MBEng, Chartered Arbitrator, Accredited Mediator,Notary Public, Qualified Solicitor of the Supreme Court
1998 Academy of Experts Accredited Mediator. Qualified Dispute Resolver. 25 years mediation experience. CIArb commercial mediation course tutor & assessor. Issued well over 400 awards, decisions in civil & commercial disputes. Specialisms all commercial matters.
Ike EhiribeLLB (Hons) lagos, B.L, FCIArb, FSIArb, QDR, Barrister, Chartered Arbitrator, Adjudicator, Visiting Professor & Commercial Mediator
2003 CEDR Accredited Mediator. 20 years mediation experience. Manchester University lecturer, visiting lecturer & professor at several overseas universities. CIArb commercial mediation course tutor & assessor. Specialisms construction & engineering.
Dr. Peter FennBSc PhD FRICS FCIArb, Academic, Quantity Surveyor,Adjudicator, Arbitrator & Commercial Mediator
1996 CEDR Accredited Mediator. 27 years mediation experience. CIArb commercial mediation course tutor & assessor. Specialisms, construction, contracts, corporate sale, landlord & tenant, employment, personal injury & professional negligence.
Grant GoodladBarrister & Commercial Mediator 2002 CEDR Accredited Mediator. 21 years mediation experience. Consensio workplace mediation course trainer. Specialisms, business, charities, contract, education, workplace, landlord & tenant, media, partnership, public sector, wills & probate.
Carolyn GrahamCommercial & Workplace Mediator ADR Group Accredited Mediator. 17 years mediation experience. 19 years as a civil litigator. Specialisms, personal injury, clinical & professional negligence, partnership, employment, landlord & tenant, commercial contract, boundary & probate disputes.
Phil HeskethSolicitor till 2008, Commercial Mediator 1997 ADR Group Accredited Mediator. 26 years mediation experience. Head of insurance litigation department, specialising in personal injury & insurance litigation. Specialisms, personal injury, professional negligence, partnership, landlord & tenant.
Paul Hughes Solicitor & Commercial Mediator 2003 ADR Chambers Accredited Mediator. 20 years mediation experience. Specialisms, contract, debt recovery, consumer, property, repossessions, & personal injury.
Maz Adam IqbalLLB (Hons), PGDip, MCIArb, CeMap,Barrister, Mortgage Advisor & Commercial Mediator
2007 ADR Group Accredited Mediator.16 years mediation experience. Specialisms, property, insurance, construction, professional negligence, boundaries, landlord & tenant & engineering.
Russell JonesSolicitor & Commercial Mediator 2008 Accredited Mediator. 15 years mediation experience. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.
Joe Al KhayatBarrister & Commercial Mediator 2003 CEDR Accredited Mediator. 2004 ADR Group Accredited Mediator. 20 years mediation experience. Various directorships. Specialisms, building, construction, family business, partnership, commercial contracts, landlord & tenant & professional negligence.
Robin LeaBSc Mech Engineering, Commercial Mediator 1999 CEDR Accredited Mediator. 90% success rate. 24 years mediation experience. Specialisms, contract, employment, boundary, building & construction.
Edward LegardBarrister, Employment Judge & Commercial Mediator 2007 ADR Group Accredited Mediator. 16 years mediation experience. Specialisms, construction, property, commercial landlord & tenant, boundary, shared ownership, occupation & Inheritance Act disputes.
Michael McCourtLLB MSc FCIArb, Deputy DistrictJudge, Commercial & Family Mediator
2001 ADR Group Accredited Mediator. 22 years mediation experience. Specialisms, building, construction, civil engineering, professional negligence, boundary & contracts.
Paul NewmanBarrister, Adjudicator & Commercial Mediator 2002 ADR Group Accredited Mediator. 21 years mediation experience. Qualified as a Solicitor in 1982. Family Mediator (MIAMs) trained also. Specialisms, family, probate, contract, debt recovery, & workplace disputes.
Frances PlaceCommercial & Family Mediator 1997 ADR Group Accredited Mediator. 26 years mediation experience. Solicitor since 1991, for many years having obtained a Ist Class Honours Law Degree from Liverpool University. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.
John RocheLLB (Hons) Solcitor & Commercial Mediator 2007 ADR Group Accredited Mediator. 16 years mediation experience. Family & workplace mediation trained. Specialisms, probate, landlord / tenant, boundary, partnership, building, contract, insurance, professional negligence, family & workplace.
Julian RendallLLM, MCIArb, FMCA, MIAM's PPCSupervisor, Commercial, Workplace & Family Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. Specialisms, business, company, contract, debt recovery, director & partnerships.
Jeffrey C RosenthalBSc (Econ) FCCA FCIArb MAE, Accountant,Arbitrator, Expert Witness & Commercial Mediator
2008 ADR Group Accredited Mediator. 15 years mediation experience. Was a solicitor for 9 years, before being called to the Bar. Specialisms, litigation, trusts of land, property, landlord tenant & unlawful eviction.
Tom RussellBarrister & Commercial Mediator 2008 ADR Chambers Accredited Mediator. 15 years mediation experience. Director at Davisons Solicitors & Head of the Dispute Resolution Team. Specialisms, construction, probate, family, employment, contract & professional negligence.
Umran SadiqSolicitor & Commercial Mediator 2007 CIArb Accredited Mediator. 16 years mediation experience. Senior Counsel, Arbitrator, Conciliator, Med Arb & Expert Determination specialist. Specialisms, building, construction, civil engineering, rail, marine, energy, site remediation, professional negligence, contract & partnerships.
Ken SalmonMCIArb, Consultant Solicitor & Commercial Mediator 2005 CEDR Accredited Mediator. 18 years mediation experience. Family Mediator also. Vice President of the Law Society of England & Wales. English, Punjabi & Urdu speaker. Specialisms, property, boundary, directors, probate & contract.
Lubna ShujaSolicitor, Commercial & Family Mediator 2003 ADR Group Accredited Mediator. 20 years mediation experience. 70+ mediations. Specialisms, workplace, insurance, professional negligence, contract, property & private equity.
Louisa TaylorSolicitor & Commercial Mediator 2002 CEDR Accredited Mediator. 21 years mediation experience. CIArb commercial mediation assessor. Issued over 175 arbitration awards. Co-author of ‘The Arbitration Act 1996 – A Commentary’. Principal Lecturer, University of the West of England. Specialisms, property, commercial & construction.
Jonathan TecksMA, FCIArb, DiplCArb, Barrister,Arbitrator, Academic & Commercial Mediator
2004 CEDR Accredited Mediator. 19 years mediation experience. Specialisms, construction, property, commercial, IT, market/industry analysis & business cases.
Dr Paul WheatlyCommercial Mediator 2003 ADR Chambers Accredited Mediator. 20 years experience. Family & workplace mediation trained. Specialisms, construction, engineering, PFI/Projects, professional negligence, neighbour, litigation, family & workplace.
Peter WebsterSolicitor, Commercial, Workplace & Family Mediator 2019 Accredited Mediator. 4 Years Mediation Experience. Managing Partner Gotelee LLP. Employment Solicitor, specialisms, workplace, employment & commercial litigation.
Andrew WestSolicitor, Commercial & Workplace Mediator Previous
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20 Years of Experience, 1000+ Mediations, 90% success rate, mediated every type of commercial & workplace dispute.
Harvinder Singh Bhurji Jane encourages people to take full advantage of the mediation process and the control...
Jane Walmsley Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury...
Paul Balen Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement.
Sundeep Singh Bhatia Grants background involves both commercial and contentious aspects of the law.
Grant Goodlad She works cross sector and has mediated a wide range of disputes especially employment and workplace.
Carolyn Graham Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitor
Phil Hesketh Specialist employment practitioner covering all major aspects of employment law.
Edward Legard Founded and managed Family Mediation Department at Lyons Davidson for 11 years.
Frances Place Louisa is an experienced and highly competent mediator with a background in private equity.
Louisa Taylor Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation..
Peter Webster