Trespass - High Court?

Normally, summary proceedings for trespass or squatting are brought in the County Court. But, it is often not appreciated that it may be possible to proceed in the High Court. The Part 55 PD says:

Boundaries - tidal waters

A reminder of the rules on boundaries that abut tidal waters (whether the sea or rivers):

Boundary – highway

There are two basic rules about boundaries on highways:

Boundaries – disputes

We all know that boundary disputes can be particularly fraught. The value of the land will usually be minimal compared to the emotions stirred. From a practical point of view, practitioners need to remember their duty to clearly advise the clients on the cost/benefit equation (ie the costs may not justify the expense and aggravation).

Hedgerows – protection

Hedgerow Regs 1997 make a distinction between ‘protected hedgerows’ and ‘important hedgerows’.

Boundaries - presumptions

In registered land, the boundaries on the filed plan are not necessarily conclusive. This is because most filed plans are deemed to indicate the ‘general boundaries’ (s60 LRA 2002). Under the general boundaries rule, in the absence of any rebutting information, various presumptions are used to determine the extent of ownership:

Boundaries – OS maps

Be wary of using an OS map to define a boundary. As the CA has recently made clear, OS plans offer ‘an uncertain guide as to the precise boundary line’.

Boundaries – rectification

The LR has power to alter the register to correct a boundary error, but this can be refused if there are ‘exceptional circumstances’ that justify not altering the boundary. A recent case illustrates how this can work. A home owner had built a garage on a strip of land that was shown on his filed plan as being included in his registered title.

Boundary disputes - a question of morality

Janet Keeley explains why solicitors are under a moral obligation to warn clients of the pitfalls of boundary disputes

Boundary disputes: overstepping the line

Richard Marshall reports on a recent boundary dispute where the parties’ contentions regarding the location of the boundary were rejected in favour of the court's own methodology.

Boundary disputes – duty to advise

We all know that boundary disputes between neighbours can become extremely emotional and bitter. All too often, a dispute over a relatively small amount of land which, in itself, is of limited value can escalate out of all proportion. If you are involved in such a case then note this clear warning from the CA:

Damages: the price of a boundary

The assessment of damages on encroachment is about more than just the square footage, reminds Joanne Chellingsworth

Wheel-clamping - A new licensing regime

Immobilising a vehicle on private or public land without a licence to do so is now unlawful. Gary Pickard gears up for the new regime under the Private Security Act 2001.

Trees - replacement cost?

A residential property had a boundary with tall trees. The trees were up to 150ft high and were important because they provided a screen against an electricity pylon, as well as a barrier against wind and the noise of a nearby railway line.