Dewar Hogan

January 11, 2013 09:03 ET

Changes to Boundary Dispute Procedure Unlikely, Says Dewar Hogan

Law firm says Conservative MP's proposed changes to way boundary disputes are resolved are unlikely to make through the statuary book

LONDON, UNITED KINGDOM--(Marketwire - Jan. 11, 2013) - Conservative MP, Charlie Elphicke's recent proposed changes to the way common boundary disputes are resolved are unlikely to make it to the statuary book, says Dewar Hogan, a UK law firm, because such changes are rarely ratified by government.

In November, Mr Elphicke proposed simplifying the way common boundary disputes were resolved by two conflicting parties, suggesting property owners in England and Wales could appoint a surveyor to settle their differences instead of settling in court. His idea, published in the private members' bill, mimics the methodical approach taken when settling party wall disputes. However such changes are unlikely to be ratified by government because it's rare for private members' bills to make it through rigorous UK legislative procedure.

Although Dewar Hogan says the MP's proposals are unlikely to make it to the statuary book, they do believe his bill could spark much needed legislative debate within Government, and even plant the seeds for legislative change in the future.

In his report, Mr Elphicke pointedly laments how common boundary disputes often result in high legal fees and lengthy court appearances for those involved.

Boundary dispute claims, depending on the size of the case, can often result in lengthy court appeals and high legal fees for both parties involved. While appearances may stretch over a period of time, there are legal orders available to ease and simplify the court dispute such as injunctions, for example.

Dewar Hogan is the only UK law firm dedicated to resolving property disputes including boundary disputes. The firm advises that it's strong advised for the parties to a potential boundary dispute to obtain legal advice, including advice on strategy, at an early stage, particularly if they are likely to want to restrain a trespass or avoid restraint. Advice on boundary disputes from Dewar Hogan will clarify a client's legal rights and also address the all important matter of a client's remedies.

Dewar Hogan advise on boundary disputes and all other property related disputes, including those frequently related to boundary disputes, such as trespass, adverse possession and party wall disputes.

About Dewar Hogan

Dewar Hogan are solicitors based in the City of London specialising exclusively in property litigation; advice in relation to property issues; and professional negligence claims against property professionals. Founded in 1991 by Ron Hogan and John Cox, Dewar Hogan are recognised as one of the leading property litigation practices by Chambers' Guide to the UK Legal Profession.

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