tmd acted on behalf of the claimant in legal proceedings to reclaim a portion of land totalling approximately 357m2 in area which had been enclosed by their neighbour and to seek damages for diversion of an electricity supply to the client’s property and flooding resulting from an inadequately designed drainage system on the neighbour’s land.
tmd’s role involved assessment of the site, examination of title plans and planning application details to confirm the correct position of the boundaries, preparation of drawings and instruction of consulting land surveyors and public health engineers. Robert Pritchard of tmd appeared as a witness when the case was heard in the Central London County Court.
The judge found for tmd’s client on all counts and awarded indemnity costs in respect of the boundary issues. tmd’s client was also awarded 95% of their costs in respect of all other claims at trial.
tmd has also advised in respect of boundary disputes relating to: the ownership and status of the rear wall of an 18th century cottage, involving arguments regarding the interpretation of various original deeds and transfers and adverse possession; an alleged trespass by a neighbour's newly constructed garage; and the ownership of a gatepost and boundary fence affecting the viability of off street parking for four vehicles in West London.