Tim Jacques recently represented claimants in a claim to determine the boundary between neighbouring gardens. The claimants’ neighbour had moved the fence, enclosing a substantial proportion of the claimants’ garden. He sought to justify this by reliance upon the plan appended to his long lease. The claimants’ case was that the true boundary was marked by a historic chain link fence which had been removed many years ago, but was shown on a 1986 Ordnance Survey map.
The court determined that that boundary followed the line of the chain link fence. The claimants obtained an order permitting them to move the fence and make good their garden at the defendant’s expense. Additionally they were awarded their costs.
Tim was instructed by Ubique Legal.