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Determining the boundary
There is material on this page dealing withExpert evidence
Extrinsic evidence (Ali v Lane).
The hedge to hedge presumption used in relation to highways (Hale v Norfolk CC; Bexley London Borough Council v Maison Maurice Limited).
Plans - conflict bewteen stated and scaled off measurements (Cook v JD Wetherspoon)
The meaning of the phrase "for identification only"
Use of OS maps in boundary disputes (Willsher v Scott)
The effect of T-marks on plans
Expert evidence
There is no new law in the case. However, there is a passage in the judgment that may assist solicitors when drafting a direction relating to a single joint expert or indeed drafting instructions to any boundary expert. Toulson LJ at para 7:”On the issue of the boundaries the directions to the expert should have been that he should do the following:
1) Inspect all relevant plans;
2) Carry out a site examination;
3) Examine any available objective evidence, eg photographs, showing changes to the properties or boundary markers since the properties had been built; and
4) Prepare a report and plan, possibly with photos, a) showing the position of the properties and any relevant features, such as fences, and
b) transposing onto the plan, if and insofar as this was possible, the lines of the boundaries shown on the orig ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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