Boundary Dispute; Residential Development

Boundary Dispute; Residential Development

Overview

Our Building Surveyors are often called upon to act as Expert Witness when a dispute arises about boundaries or a building. Acting as an expert witness requires a significant amount of specialist knowledge and experience in the subject in dispute, as well as the ability to attend court and take questions from the other party’s legal team.

Situation

We were instructed to inspect a dwelling next to a residential development where the developer was alleged to have moved the boundary fence to build the houses, and to provide our expert opinion on the likely location of the registered title boundary, which could be used to resolve the dispute.

Solution

We undertook a measured survey of the property and reviewed the Title plans, conveyance documents and satellite data to understand the historic position of the boundary features.  We were able to produce a CPR (Civil Procedure Rules) Part 35 compliant report to advise on the likely location of the Registered boundary and remedial work to relocate boundary features, including cost estimates and implications on the development.

Outcome

We found that some of the boundary features had been moved by the developer and that the features did not align with the registered boundary location.  Remedial work was needed to correct the situation, which would have an impact on the new development.

Key Contact

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