Success in Cold & Wintry Halifax

Richard Moss Solicitors was instructed to act for the owner of a commercial unit who found himself in a disagreement with his neighbour regarding the precise location of the boundary dividing their respective properties.

The neighbour issued proceedings against the client. The Court-appointed, joint surveyor prepared a report stating the boundary was exactly where the client said it was. Obviously, the neighbour was unhappy with the joint surveyor’s report so he applied to the Court for permission to rely on his own surveyor who, unsurprisingly, took a different view.

The neighbour’s application was heard on a cold and wintry day in Halifax County Court on 23 January 2013. Richard Moss advocated against the neighbour’s barrister. The Court agreed with Richard’s submissions and refused to allow the neighbour to rely on his own surveyor.

This result means that only the Court-appointed, joint surveyor’s opinion will be taken into consideration by the judge at trial which provides the client with a significant evidential advantage.

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