Sometines, unfortunately, disputes arise between neighbours, regarding property boundaries. These disputes arise due to various situations; poor deed plans and inappropriate action by neighbours, being the most common.
David Simmonds Associates have wide experience of advising on and helping to resolve disputes over boundaries. We will inspect deeds, carry out detailed surveys of the land and boundaries, using the latest electronic surveying equipment, and attempt to mediate between the parties. This mediation often brings about a resolution of the dispute. In some cases, however, the dispute has to be resolved by recourse to the courts. In these cases, our survey, written evidence and our appearance, in court, assists the court in making its decision in the resolution of the dispute.
David Simmonds Associates are often called upon to advise on the resolution of disputes which have arisen between parties to building contracts. We are happy to act for either party; the Employer or the Contractor.
We will take detailed instructions, carefully inspect the work which has been carried out, prepare an illustrated report and other supporting documentation. We will, if requested, attempt to mediate in the dispute to bring about its resolution. If this is not possible and the matter proceeds to litigation, we will liaise with our client's solicitor and barrister and attend court to provide expert evidence, to the court, to assist it in making its decision on the case.
The Civil Procedure Rules (CPR) encourage the use of a Single Joint Expert, rather than each party to a dispute instructing their own expert witness. Increasingly we are instructed in this role. All expert witnesses are governed by CPR Part 35 and they only have a duty to the Court and not to those instructing them.