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Boundary Disputes (A Guide for Surveyors)
|Audience:||Professional Surveyors, or anyone with an interest in boundary disputes.|
|Format:||Paperback 180+ pages|
|Price:||£37.50 (inc p&p)|
The most passionate disputes are usually associated with boundary issues, and most surveyors find themselves at a loss on how to approach the resolution of the dispute. Alex Frame’s new book Boundary Disputes (A Guide for Surveyors) provides a comprehensive guide to understanding boundary issues and will become a benchmark go-to reference book for surveyors and legal professionals.
I personally found this book easy to read and beautifully illustrated, providing the reader with extensive knowledge and keen insights to assist in resolving a dispute.
The intended audience for this book would be boundary practitioners, party wall surveyors, legal professionals, and other general practitioners. However, I would recommend this book to a much wider audience, such as local authorities and members of the general public who wish to gain a deeper insight into boundary issues.
Nigel Lassetter – Manor House Surveyors
There have been quite a few books written on the subject of boundaries from different angles and points of view, but unfortunately because there are no codified laws or Acts of Parliament on the subject, we have to work with the information at hand to resolve the disputes of today.
I for one have spent time making a study of the matter and have conducted many talks and seminars to give some explanations and guidance. However, these would only be my considered opinions and are not set in stone or more authoritative than those of anyone else.
It is possible that one day we may have a bill passed through Parliament on the subject, which may help us all, but meanwhile we will endeavour to work with what we have.
It is sad that those that undertake the conveyancing of a property do not concern themselves with the ownership of fences and boundary delineation and only seem to confine themselves to the bricks and mortar of the property itself. It would solve so many problems for the property owners if they at least did some of this in their searches.
In such circumstances, there is no good reason why a seller could not provide a statutory declaration as to the ownership of fences and boundary position if requested by the purchaser.
Nevertheless, I am pleased to be able to deliver this book as a guide to surveyors and any others who wish to practise in this field, basically because I wish to assist those who want to help those that are in dispute with their neighbours.
It should be considered that this book is written for the benefit of surveyors to assist them in resolving boundary disputes and not as a guide for lawyers, who will have their own legal books and citations on the subject. With this in mind, the surveyor should not attempt to step outside of his discipline and ‘become a lawyer’.
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ANCIENT HISTORY OF BOUNDARIES 15
MODERN HISTORY OF BOUNDARIES 24
LONDON CITY BOUNDARIES 26
WHAT IS A BOUNDARY? 30
LAND REGISTRY GUIDES 35
Practice Guide 39 36
Absolute Title 36
Possessory Title 37
Qualified Title 37
Practice Guide 40 (various supplements) 37
Legal Boundary 38
Physical Boundary 38
General Boundaries 38
‘T’ Marks 38
Boundary Agreements 39
A Boundary Agreement 40
Determined Boundaries 41
Title Plans 42
THE CADASTRE SYSTEM 46
The Highways Act 1980 52
ACCRETION, AVULSION and RELICTION 65
The Doctrine of Accretion 65
PRESUMPTIONS IN LAW 71
Hedge and Ditch Presumption 73
ACCESS TO NEIGHBOURING LAND ACT 1992 78
PRESCRIPTION ACT 1832 81
ADVERSE POSSESSION 84
Common Land 86
TRESPASS, COVENANTS, EASEMENTS & WAYLEAVES 91
Right of Support 96
Right of Light 97
Right of Artificial Waterways 98
Right of Way 100
False Easements 103
Interim Injunction 105
Mandatory Injunction 107
Permanent Injunction 107
RESOLVING A DISPUTE 109
Dispute Resolution Advisor (DRA) 110
Dispute Review Boards 110
Neutral Evaluation 111
Expert Determination 111
Mini Trial 111
PHYSICAL EVIDENCE 120
According to Land Registry 120
Dry Stone Walls 125
Boundary Inscriptions 127
Defining a Boundary Line 128
Deed Plans 130
Fixing a Boundary 134
Land Surveying 139
The GPS System 144
DEED OF EXCHANGE OF LAND 147
THE HIDDEN BOUNDARY 151
BOUNDARY CASES AND ASSOCIATED MATTERS 154
Alan Wibberley Building Ltd v Insley 154
Churston Golf Club v Haddock 155
Apexmaster Ltd v URC Thames North Trust and Ano 156
Nata Lee Ltd v Abid & Another 157
Laiqat v Majid & Others 158
Joyce v Rigolli 158
Sparling v Norman 159
Parmar v Upton 160
Melhuish v Fishburn 161
Pennock v Hodgson 162
Ali v Lane 163
Cameron v Boggiano 163
Gibson & Anor v New & Anor 165
Q & A 167
NEWSPAPER CUTTINGS 173
APPENDIX A – Adverse Possession Flow Chart 181
APPENDIX B – Application for Injunction Form 182
APPENDIX C – References 183
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