Boundary disputes can arise for myriad reasons including: an obstructed right of way, changes to trees, fences or walls; unclear deeds or incorrect Land Registry entries; non-compliance with the Party Wall Etc. Act 1996.
We are often instructed by residential homeowners or their legal representation, who find themselves in disagreement with their neighbour(s) regarding a boundary, and want an independent opinion to resolve the matter.
We advise clients in the first instance that it is always better, if possible, for both parties to the dispute to instruct us jointly. An expert can only ever provide their professional opinion, which is not legally binding, unless a tribunal determines it so. Should both parties agree to instruct us jointly, they would usually agree to be bound by the findings of their agreed expert, resolving the matter without the need for litigation.
If a joint instruction cannot be agreed, we are happy to supply an Expert Witness report if required, in case the dispute escalates and our report is required as evidence in a tribunal.