In this podcast episode on boundary disputes, Andrew Williams and Graham Sellers discuss the changing landscape of boundary disputes and the challenges faced by lawyers in advising clients. They highlight the surprising amount of money clients are willing to spend on boundary disputes, the role of experts, the benefits of mediation, early neutral evaluation, boundary agreements and the importance of carefully examining the original conveyance.

Takeaways

• Boundary disputes are still prevalent and clients are willing to spend significant amounts of money on litigation.
• Lawyers face challenges in discouraging clients from pursuing costly boundary disputes.
• The use of experts, such as surveyors, can be crucial in advising and presenting a case.
• Mediation and early neutral evaluation can be effective in resolving boundary disputes.
• Careful examination of conveyances and consideration of boundary agreements are important in boundary dispute cases.

Chapters

00:00 Introduction and the Changing Landscape of Boundary Disputes

02:51 The Impact of Fixed Recoverable Costs

05:10 Boundary Disputes Taking on a Life of Their Own

10:05 The Role of Experts and the Effectiveness of Hot-Tubbing

15:26 The Value of Seeing the Land in Boundary Disputes

17:15 Resolving Boundary Disputes through Mediation and Early Neutral Evaluation

25:30 The Importance of Examining Conveyances and Boundary Agreements