Property Law uk

Maintained by Gary Webber


Expert evidence in boundary disputes

Childs v Vernon
[2007] EWCA Civ 305

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 original transfer plans. If that was problematic or uncertain, the report needed to explain the reasons."