Jon Maynard Boundaries Ltd, Boundary Demarcation and Disputes, Rights of Way, Expert Witness, Chartered Land Surveyor outline of GB

Jon
   Maynard
Boundaries

How can we help you?

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You have arrived on this web page because you perceive you have a problem with your property boundary and are seeking advice on how to deal with it.

Jon Maynard has been in practise as a boundaries expert since 2000 and has accumulated a great deal of knowledge and experience in dealing with both property boundaries and with private rights of way. By comparison, your education is unlikely to have included property boundaries, so there are some things you need to understand before we can start to offer you our advice.
 

If you have already read the Bounday Problems Web site then you may prefer to skip to
In what situation has the disputed boundary placed you?

Page navigation
What you need to understand before we can help you
      The limitations inherent in the descriptions of property boundaries
      How can these limitations be reconciled with reality?
      An amicable resolution is preferable
In what situation has the disputed boundary placed you?
The options available to you
      Gaining a better understanding of the boundary
      Acting together with your neighbour to resolve a boundary dispute
      Using alternative dispute resolution (ADR) methods to settle a dispute
      When it is inappropriate to cooperate with the adjoining landowner
      Working together to reduce the traumas of an unavoidable litigation
      When adversarial litigation is the only means left to you

 


What you need to understand before we can help you

The limitations inherent in the descriptions of property boundaries

Some of the things you need to understand will fall into the category of "I never would have thought of that." Other things you need to understand will be counterintuitive.

Land Registry is but a secondary source
Land Registry is not the fount of all knowledge about boundaries. Almost everything that you find in a title register or on a title plan is derived from two sources:
⚬   the conveyance deeds that preceded the first registration of title to a parcel of land;
     and
⚬   the series of transfer deeds by which that title was later sold to subsequent
     owners.

The only information in a title register or title plan that originates from Land Registry is the title number.

The abstract nature of a boundary
A property boundary is an abstract concept. It is a line that has no width and it separates land in one party's ownership from the adjoining land in another party's ownership.
The boundary cannot belong to either of these two landowners because it is so narrow that it is invisible and there is nothing to own.

A conveyance deed may covenant a landowner to mark the boundary either:
⚬   in a way prescribed in that conveyance deed (e.g., by a fence of not less than
     some height and not more than some other height) or:
⚬   in a suitable manner either at the vendor's or at the purchaser's discretion.

Hence, that fence is not "the boundary" but is a boundary-marking feature. Also, remember that a fence on private land is not necessarily a boundary-marking feature but may perform a function other than marking a boundary - even if it is located near to a boundary.

The origin of a property boundary
A property boundary is created when an owner of land decides to divide his or her land and to sell the divided-off pieces. The conveyance deed that records the first sale of a divided-off parcel of land is the primary source of information concerning that boundary, which is referred to as the "paper title boundary" of the date of that conveyance.

Where are the paper title deeds?
You may be lucky enough to still hold the historic conveyance deeds relating to the land that you own.

If not, then Land Registry may have made copies of some of those conveyance deeds and can offer to sell you "official copies" of them.

Otherwise you will have to conclude that the original conveyance deed has been destroyed and is unavailable to you or to anyone else.

Land Registry's title plans cannot tell you where your boundary is
Land Registry is required under Section 60 of the Land Registration Act 2002 to show only the general positions of boundaries. It is further required by Section 5 of the Land Registration Rules 2003 to show those "general boundaries" against a backdrop of Ordnance Survey mapping.

Ordnance Survey's maps, under section 12 of the Ordnance Survey Act 1841, "shall not extend ... to ascertain, define, alter, enlarge, increase or decrease, nor in any way ... affect, any Boundary or Boundaries of ... any Land or Property".

Hence, Land Registry's title plans are based upon Ordnance Survey's maps that do not show property boundaries. What the title plans show are physical features (shown by black lines) in the general proximity of the property boundaries.

The black line to which the boundary (red edging) is attached is a proxy for the boundary but is not the boundary. Nor is the red edging the boundary.

It is not just the wording of Section 12 of the Ordnance Survey Act 1841 that limits the accuracy of the title plans. The Ordnance Survey map does not show every physical feature on the surface of the land, only a selection of features, and this can cause confusion when interpreting the title plan. Moreover, there are accuracy limitations in the Ordnance Survey map that make it dangerous to try to establish the position of the boundary by scaling from the title plan.

The unavoidable conclusion is that the title plan is incapable of telling you exactly where your boundaries are. A "general boundaries" system of land registration, as used in England and Wales and in the other parts of the British Isles, is inconclusive as to the positions of property boundaries.

Thus, a Land Registry title plan identifies the parcel of land to which the registered proprietors hold the title, but does not identify the extent of that parcel of land, i.e. it does not identify the exact positions of its boundaries.

Ordnance Survey maps, although much used in describing boundaries, are unsuitable for that purpose
Ordnance Survey maps show physical features found on the ground regardless of whether or not a property boundary follows those features. Ordnance Survey does not investigate property boundaries when surveying those physical features.

Because of the small scale of their maps, Ordnance Survey has to ignore some features for lack of space on the map. In some cases, where two non-attached houses each have a side access way, the map may show only one side access way and omit the other. Where two non-attached houses stand too close together, the map may show the two houses as if they are attached to each other.


The effect of map scale on
depiction of side access ways

The effect of generalisation on map depiction
Fig.1 Ordnance Survey  -  Fig.2 My survey  -  Fig.3 Overlay of Figs 1 & 2

It may be that the boundary is related to the ground feature that is shown on the map, and equally possible the boundary is related to another feature that is not shown on the map for lack of space, indeed it is also possible that the boundary is not related to any feature on the map or on the ground (think of the open-plan front garden).

The boundary may follow the face of a feature whose centreline is represented by the line on the map, or the boundary may be displaced to the side of the feature represented by the line on the map. Neither the original conveyance plan, nor the title plan will tell you the relationship of the boundary to the physical feature, if any, that marks the boundary.

The fine line on an Ordnance Survey maps is 0.2 mm wide on the paper. This 0.2 mm scales up to 250 mm wide on the ground if you are using a 1:1250 scale map of an urban area, or to 500 mm wide on the ground if you are using a 1:2500 scale map of a rural area. In addition, the line on the map may have been drawn in a position that is up to 1 metre away from the true position of the ground feature represented by that line on a 1:1250 scale map, and up to 2 metres, sometimes more, on a 1:2500 scale map.

For the above reasons it is unsafe to scale from a title plan, or from the Ordnance Survey map on which it is based, the position of a property boundary.
 

How can these limitations be reconciled with reality?

Based upon principles established in the courts, we go through a series of processes in order to establish the likely position of the boundary.

First, assuming that a surveyor is involved at this very early stage, it is necessary to make a topographical survey, or measured land survey, to establish the "ground truth" to a far higher level of accuracy than is offered by the Ordnance Survey map.

Next, if a conveyance deed is available, we will try to relate the conveyance plan or any dimensions found on the conveyance plan, to the ground truth. Sometimes this will confirm a relationship between a particular ground feature and the property boundary. Sometimes, the conveyance plan and/or the dimensions will fail to reconcile with any ground features now existing on the ground. Either way, thus is the position of the "paper title boundary" identified by the expert.

If such a relationship is not apparent, then we have to ask a number of questions to assist our investigation.

Is there any ground feature now present, such as a wall or a fence, that might safely be assumed to have been emplaced when the boundary was created? In other words, are the original boundary-marking features still present?

Are there any documents other than the conveyance deed, such as old aerial photographs, that may throw some light on the positions of ground features at the time the boundary was created?

Inferring what was on the ground at the date of creation of the property boundary, where did the vendor intend to place the boundary given the ambiguous description of it in the conveyance deed?

Has adverse possession come into play? If so, when did the period of possession begin?
 

An amicable resolution is preferable

In a paper, "Boundary Disputes, a scoping study"" dated January 2015, the Ministry of Justice characterised boundary disputes by saying that
"they can too often be unduly bitter, expensive and time consuming."

If you and your neighbour want to avoid that undue bitterness, expense and passage of time then it is incumbent upon you and your neighbour to recognise that:
the boundary belongs to neither of you, yet it affects BOTH of you.

Therefore, if you and your neighbour want to resolve the matter quickly, cheaply and without bitterness, then you need to cooperate with each other in finding a resolution to the ambiguities of the boundary's description.

Fortunately, a legal precedent made by Megarry J. in Neilson v Poole (1969) 20 P&CR 909 holds that
"a boundary agreement is in its nature, an act of peace, quieting strife and avoiding litigation and so it is to be favoured in the law ".

Thus, if you and your neighbour can amicably agree the position of the boundary - for the purpose of clarifying the ambiguities present in its paper title description - you can reduce to a minimum the bitterness, expense and time associated with boundary disputes. If you and your neighbour record that boundary agreement in a suitable format and keep it in an appropriate place, then you are safe against the possibility of that boundary later being disputed again.
 

 

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In what situation has the disputed boundary placed you?
 

The kind of help we can offer will be more effective if it is matched to the situation that you find yourself in.

Which of the following best describes the situation that you are facing?

SITUATION
A
Do you want to better understand the common boundary between your land and the land of one of your neighbours before talking to your neighbour about it?        GO THERE
  
SITUATION
B
Do you and your neighbour want to act together to resolve the ambiguities in the description of your common boundary?        GO THERE
  
SITUATION
C
Do you and your neighbour want to use Alternative Dispute Resolution methods to avoid litigation whilst trying to settle a dispute that has been too difficult to resolve amicably?        GO THERE
  
SITUATION
D
Are you in a position where it is inappropriate to cooperate with the adjoining landowner?        GO THERE
  
SITUATION
E
Is litigation unavoidable yet you and your neighbour wish to cooperate to the extent of reducing the trauma of litigation?        GO THERE
  
SITUATION
F
Is adversarial litigation either:
⚬ forced on you by your neighbour; or
⚬ the only means left to you?        GO THERE

 

 

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The options available to you

  
A Gaining a better understanding of the boundary
OPTION
1.
Boundary Advisor -
A remote consultation between you and our expert, by telephone or videoconference, making reference to the available documentary evidence
 
This will provide a well-informed discussion because you will provide the expert with the documentary evidence to allow advice that is not generalised but is specific to your situation.

A word of warning: should the consultation result in the suggestion that the way forward is by working cooperativley with your neighbour, the latter will likely consider the advice you have already received from me as untrustworthy because you have paid for my opinion and because the process did not involve your neighbour nor any evidence nor opinion that your neighbour holds. Your neighbour will transfer that distrust onto me and refuse to jointly instruct me, forcing you to find a different boundaries expert to work with in future if you want to act cooperatively.
  Ask for our BA01 - Remote Consultation terms and conditions
  
OPTION
2.
Boundary Advisor -
A remote consultation between you, your neighbour and our expert, by telephone or videoconference, making reference to the available documentary evidence
 
This will again be a well-informed discussion but this time based on the evidence that both parties can provide. Because both parties are involved, there will already be a level of cooperation and each party will see that the Boundary Advisor is not prejudiced to either party but is influenced only by the evidence. Both parties will receive the same advice as to a sensible way of resolving any issues and finalising the matter amicably and without dispute.
  Ask for our BA01 - Remote Consultation terms and conditions
 
OPTION
3.
A site visit by an expert -
This is a more expensive option, involving long-distance travel by the expert and greater face-to-face time with the expert. It is best reserved for a co-operative situation where the expert is jointly instructed by both parties who each have the benefit of the same advice.
 
If the expert is called to site by one party only then this immediately creates a confrontational situation between the parties, creating or increasing an existing mistrust between neighbours.
  the terms of our JMB22 (Professional Advice) may be applicable
 

 

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B Acting together with your neighbour to resolve a boundary dispute
OPTION
4.
A do-it-yourself boundary agreement
In theory, two adjoining landowners can do this without any professional help. Just decide between you, taking into account any evidence you have of the paper title boundary and the positions of features that have stood for many years, where you agree that the boundary should be. Then draw up a boundary agreement. The boundary agreement should do the following things:
 
a.   Identify each of the two properties that are involved (title number and
      postal address);
b.   Identify all of the registered proprietors of each property;
c.   Describe the boundary;
d.   Be formalised as a deed, which will thus be binding on the
      successors in title of both properties, by including the witnessed
      signatures of all of the registered proprietors;
e.   Be submitted to Land Registry using form AP1 (Change the register)
      for noting on both affected title registers and both title plans.
 
It is self-evident that the boundary description needs to be an improvement upon both the description in the conveyance deed (if that deed still exists) and the general boundary shown on the title plan. Both of those descriptions tend to tell you more or less where to look, but not what it is you are looking for.
 
An unambiguous boundary description requires two elements:
⚬   it needs to tell its readers where to look; and
⚬   it needs to tell its readers what to look for.
 
For the purposes of a boundary description, "where to look" can in some cases be satisfied using an Ordnance Survey map. It is, however, preferable to commission a topographic (or measured land) survey for a more accurate representation of the "where to look" element of the boundary description.
 
"What to look for" is the key to describing the boundary unambiguously. It should include the following components:
 
f.   a description of the boundary-marking feature, e.g.
⚬   wall type - dry stone / dressed stone / brick / concrete block / other
⚬   fence posts - wooden (what size and height) / concrete / steel / other;
     and
⚬   fence type - wooden panels / wooden post-and-rail / closed-board /
     feather-board
⚬   height of fence or wall; and
⚬   age of fence or wall
⚬   hedge, of what species
⚬   back edge of public footpath (in the case of open-plan front gardens)
⚬   outer edge of footpath or of driveway (open-plan front gardens)
⚬   top edge of bank / base of bank
⚬   outer edge of hedge-and-ditch feature (in rural areas)
⚬   near bank of, or centre of, or far bank of ditch or stream or river
     (it reduces ambiguity if you use compass points for the banks,
     eg. " along the west bank of ...")

     If you have a measured land survey, then there may, or may not, be
     sufficient space to annotate the plan with the descriptions of the
     boundary marking features. If there is not sufficient space then it
     becomes necessary to make those descriptions in writing within
     an accompanying textual boundary agreement.

g.   Along which side of the feature does the boundary run? Or does it
     run along the centre?
 
     These can be handled by T-marks or H-marks applied to the plan.

h.   Or does the boundary run parallel to and offset to one side of the
     feature, and by what distance, and to which side of the feature?

     It may be possible to convey this information on the plan.

i.   There may be insufficient space on the map to place those details,
     in which case they could be written in the text of the boundary
     agreement and cross referenced to the map or plan of the boundary.

     For example, imagine that the flank boundary was marked by a 0.9 m
     (3 feet) high brick wall between the front gardens and by a 1.8 m
     (6 feet) high fence continuing between the rear gardens, then you
     might employ a form of words such as
     "along the east face of the 0.3 m high red brick wall between
     points A and B on the plan and along the east face of the
     1.8 m high feather-board fence on 100 mm wooden posts
     between points B and C on the plan".
  If you need professional help with any of the above
then the terms of our services
JMB25 (Boundary Agreement) or
JMB26 (Exact Line of Boundary: Registration)
may apply.
 
 
OPTION
5.
A boundary agreement made with the assistance of a boundaries expert
This will involve a site visit by the expert. The expert can give advice on interpreting the evidence for the boundary and suggest to the landowners where the boundary should be, although it is for the landowners to agree the position that will be recorded in the agreement.

The expert can advise on the most suitable way of recording the boundary given the circumstances of the case. It might involve, as the means of describing "where to look":

a.   using an Ordnance Survey map; or

b.   making a measured land survey so that the boundary's description
      is based on better "ground truth" than is offered by the Ordnance
      Survey map;
  the terms of our services
JMB25 (Boundary Agreement) or
JMB22 (Professional Advice)
may apply.

  c.   and perhaps recommending the submission to Land Registry of a
      form DB application (Exact line of boundary: registration), which will
      use a plan to describe the position of the boundary to an accuracy
      of ± 10 mm, along with the boundary agreement deed.
  the terms of our JMB26 (Exact Line of Boundary: Registration) apply.
 

 

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C Using alternative dispute resolution (ADR) methods to settle a dispute
  It may be that agreeing the position of the boundary is something that falls beyond the combined abilities of the two adjoining landowners to achieve and yet is something that neither party feels would justify the bitterness, expense and time delays of going to court. Two ADR methods are available that have the potential to settle the dispute confidentially, quickly, cost effectively and to provide a final and permanent solution to a dispute.
 
OPTION
6.
Expert determination:
Expert determination requires that you and the adjoining landowner agree to appoint an expert to decide on behalf of both parties a matter that the parties are not well-enough qualified to settle between themselves.

That sounds benign and straightforward, but for it to work it is necessary that:
⚬   the parties agree on which expert to use;
⚬   the parties play no part in the decision-making;
⚬   the parties agree that the expert's decision will be final and legally
     binding on themselves;
⚬   the expert registers his or her determined boundary by applying to
     Land Registry to record, as appropriate, either a boundary
     agreement or an exact line of boundary.

Because the expert's opinion will be final, the expert will not explain the decision and the parties cannot attempt to overturn the expert's decision. This means that expert determination is a process that is suitable for a pair of adjoining landowners who each accept that they know insufficient about boundaries and are willing to be told by a knowledgeable expert exactly where the boundary is .

If one of the two landowners thinks he knows where the boundary is but is unable to persuade his neighbour and is looking for an expert to come on board in persuading the neighbour, then the appointment of the expert determiner will disappoint the landowner who is seeking support for his own point of view: the expert will not be persuaded by either party but will make an independent decision based on the evidence for the boundary. 
  the terms of our JMB28 (Expert Determination) apply.

OPTION
7.
Mediation:
Mediation should be the ADR method of choice because it is the only dispute resolution method that leaves the decision making entirely with the parties. The mediator's role is to be a facilitator of negotiation between the parties (i.e. more like a football referee and far from a county court judge) and to record the settlement resulting from those negotiations, and this role includes no decision-making powers. The settlement arrived at will be legally binding on the parties.

The first step in a mediation is for each party to set out to the mediator its starting position. The mediator then has knowledge of the gap that needs to be bridged during the negotiation phase of the mediation, and of the direction of travel required of each of the parties if they are to move toward some middle ground on which they can agree a settlement.

It is unsound to try to determine the true position of a boundary through the process of mediation. It may be more appropriate to accept where the boundary is and to negotiate a new position for the boundary that involves creating a Transfer of Part of one party's land into the ownership of the other party: this would satisfy Land Registry's requirements for a change in the position of the boundary.

What can be achieved in a mediation is the taking into account where each party thinks the boundary is, to take into account any other factors that are upsetting either or both of the parties, and to negotiate a mix of boundary position and future behavioural or other limitations (e.g. the height beyond which a boundary-marking hedge will not be allowed to grow; the granting of a right of access onto the second party's land in order that the first party may inspect, maintain, repair or replace part of the fabric of the first party's property; etc.).

A part of the settlement should include an application to Land Registry to record either a transfer of part or a boundary agreement or an exact line of boundary registration, whichever is appropriate to the circumstances.

Please note that Jon Maynard FRICS is not trained as a mediator and does not offer mediation services.

 

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D When it is inappropriate to cooperate with the adjoining landowner
  Hitherto, this web page has advocated cooperation with your neighbour. You may encounter circumstances when it is inappropriate to do so.
OPTION
8.
Personal study of the Boundary Problems web site
If you have not already done so, then I would urge you to read the Boundary Problems web site. You should approach this from the following standpoint:
⚬   Neither you nor your neighbour has an education in property
     boundaries.
⚬   Is it you that is being unreasonable?
⚬   Is it your neighbour who is being unreasonable?
⚬   Are you both so uninformed that neither has a tenable point of view?

Such an exercise may give you an insight into the best way forward for yourself.
  Start reading the Boundary Problems web site


  a.    If you decide that it is you who is uninformed and unreasonable, then you may decide to avoid litigation by considering:
⚬   offering to settle on your neighbour's terms provided that the boundary
     is made the subject of an application to register the exact line of the
     boundary (Option B.5.c. above); or
⚬   suggesting to your neighbour that you jointly agree to mediate
     (Option C.7. above) and thereby negotiate a settlement to the dispute.

b.    If you decide that it is your neighbour who is uninformed and unreasonable, then you may find that you are less able to choose a strategy for settling the dispute because of your neighbour's unreasonableness and intransigence.

You may find that the only way forwards in such circumstances is litigation, but there is a chance that your neighbour might consider a suggestion to commission an:
⚬   early neutral evaluation (Option E12, below).

c.   If you decide that both you and your neighbour are uninformed then, unless your neighbour is intransigent, a number of options open up.
⚬   you can suggest that your neighbour reads the Boundary Problems
     web site (Option D8) and follow up with ...
⚬   a Boundary Advisor videoconference (Option A.2, above) that involves
     both you and your neighbour.

If the two preceding suggestions are taken up by your neighbour, then things might progress to:
⚬   a jointly instructed site visit leading to a boundary agreement
     (Option B.5. above); or
⚬   a jointly instructed (there is no other kind) expert determination
     (Option c.6, above); or
⚬   early neutral evaluation (option E.12, below); or
⚬   mediation (Option C.7. above).

OPTION
9.
Boundary Advisor Remote Consultation
If your neighbour is uninformed and intransigent then none of the positive outcomes suggested at 8.c. preceding will be available to you.

It is often the case that reading the Boundary Problems web site focuses a potential client's mind on the questions that need asking. This is when a Boundary Advisor Remote Consultation (Option A.1. above) is desirable.

Given that the neighbour is known to be at least uncooperative if not unapproachable, you may consider yourself safe in the knowledge that there is every chance that your neighbour will remain adversarial towards you and no chance that your neighbour will later agree to any kind of joint instruction. In other words, you need not fear that the Boundary Advisor consultation will prevent you from using our services at a later stage.
  Ask for our BA01 - Remote Consultation terms and conditions

 
If you receive a letter from your neighbour's solicitor that makes demands concerning the boundary, then you have confirmation that your neighbour's mindset is adversarial, and that you can ignore everything that precedes Option 9 of this web page.


OPTION
10.
Desk study and short report
Sometimes there is sufficient evidence available, particularly if you have already commissioned a measured land survey from a professional land surveyor, to enable us to investigate to the extent that we can supply an expert's opinion that will help you decide whether:
⚬   you should concede to your neighbour's well founded demands, or
⚬   you have strong enough evidence with which to defeat your
     neighbour's claims.
  the terms of our JMB22 (Professional Advice) may apply.

OPTION
11.
Site visit and short report
This is a site visit for a first-hand inspection of the situation and the opportunity to make a measured land survey. This would normally be done under the terms of "F.14. Party Appointed Expert Witness", but if our expert thinks that your neighbour has well-founded claims then the expert report will be replaced with a short report enumerating the strengths of your neighbour's position. Otherwise our expert would normally continue to write the envisaged expert report.
  the terms of our JMB22 (Professional Advice) may apply.

 

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E Working together to reduce the traumas of an unavoidable litigation
  The undue bitterness, expense and time consumption of litigation can become traumatic. Two procedures are available that are intended to reduce the traumatic effects.
 
OPTION
12.
Early Neutral Evaluation
It is often the case that the two parties to a dispute arrive in court with each relying on a different legal precedent and on a different, if overlapping, set of documentary evidence. When this situation arises then it is said that the court hearing is not starting from a level playing field.

In order to level the playing field in advance of a trial, it is suggested that the parties should jointly appoint an appropriate evaluator to conduct an Early Neutral Evaluation based upon all of the documentary evidence held by each of the parties and/or all of the potentially applicable legal precedents and legal arguments.

The intention is that the Evaluator demonstrates to the parties either what evidence or what legal argumente would weigh heavily with the court and what would not. This would then suggest the likely outcome of the trial. The Evaluator would then draw on his or her experience to suggest a more suitable (than litigation) means of settling the dispute (unless, of course, there is a need for the case to establish a new legal precedent).

For an evaluation of legal precedents and potential legal arguments it is necessary to instruct a barrister for the Early Neutral Evaluation, and Jon Maynard Boundaries Ltd is unable to offer this service.

For an Early Neutral Evaluation of the technical issues surrounding the evidence for a boundary or a private right of way, Jon Maynard Boundaries Ltd is able to offer a service. In the event that the recommendation of the evaluation is that the case should go to trial then the evaluation can be readily converted to a Single Joint Expert Report to assist the court in its hearing of the case.
 
  the terms of our JMB30 (Early Neutral Evaluation) apply.

OPTION
13.
Single Joint Expert
The Woolf Reforms of 1996 were intended to reduce the costs, delays and complexity of civil proceedings. One of its recommendations was that, wherever possible, the parties should jointly instruct a single expert to report on the technical issues before the court.

Jon Maynard Boundaries Ltd is prepared to accept joint instructions.
  the terms of our JMB24 (Single Joint Expert) apply.

 

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F When adversarial litigation is the only means left to you
OPTION
14.
Party Appointed Expert Witness
There are two circumstances where it is appropriate for you to instruct an expert to prepare an expert report.

⚬   When your neighbour has instructed an expert to write an expert
     report and your neighbour's solicitor has served you a copy of it
     along with a demand for you to meet their demands, and you wish
     to contest you neighbour's demand, then you will need to instruct
     your own expert.

⚬   When your neighbour rebuffs all of your efforts to engage with them
     in resolving the issues that you perceive to beset your common
     boundary, or your private right of way, then you may feel it is
     necessary, in order to gain your neighbour's attention, for you
     to instruct a property litigation solicitor with a view to
     litigating against your neighbour, who will have to choose
     either to concede to all your demands or to defend against
     your claims by instructing his or her own expert.
  the terms of our JMB23 (Expert Witness, Party Appointed) apply.


 

Once you have decided which of our services you are likely to want, please go to our Contact Us page to find our email and postal addresses.

Please also read all of the information on the Contact Us page prior to your first contact with us.

 

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