Boundary Disputes in Scotland - Causes, Case Law & Cures

Introduction

Whether the dispute includes an alleged manifest error in title or assertions of encroachment, and whether commercial or civil in nature, boundary conflicts can be among the most challenging and complex disputes to resolve under Scots law, in terms of evidential issues, the applicable law and client management.

This virtual classroom seminar will explore how the common law and legislative framework - including the Land Registration (Scotland) Act 2012, transitional orders under the 2012 Act, Prescription and Limitation (Scotland) Act 1973 - has been applied by the Courts, with a focus on authoritative case law.

Neighbour boundary disputes have their own sensitivities. A different approach is required when your clients are individuals given the potential for a costly, time consuming and stressful conflict. Practical examples will be used to explore these sensitivities and the merits of potential remedies in respect of different types of disputes.

This session will provide a practical guide to how professionals in this field can achieve better results for their clients, identifying potential remedies and exploring strategies for success.

What You Will Learn

This live and interactive session will cover the following:

• Causes of boundary disputes
• Neighbour boundary disputes - practical examples
• Relevant statutes
• Recent case law
• Potential remedies of boundary disputes

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.