CONSULTANCY & EXPERT SERVICES
for Boundaries and Rights of Way

Expertise

Jon Maynard Boundaries Ltd is a firm of Chartered Land Surveyors offering expertise in:

>  land measurement

>  drawing accurate large scales plans

>  interpreting aerial photographs

>  the specifications for published large scales (principally Ordnance Survey) maps

>  analysing map-based and text-based records against accurate large scales plans 

Our reputation is based upon the quality of our Expert Reports and performance in the witness box. Our Expert Reports are based on a thorough - almost forensic - investigation of the evidence, and logical deduction leading to a convincing expert opinion.

Consultancy

Jon Maynard Boundaries Ltd offers impartial professional advice to assist in the understanding and resolution of issues relating to:

>  The precise positions of property boundaries

>  The location and extent of a private or public right of way

Such consultancy may include an investigation of the history of the boundary or of the right of way by reference to historic title deeds, maps, aerial photographs and any historical documents which the client possesses or to which the client has access.

The outputs of consultancy may take various forms, including:

>  an accurate large scale plan to support an application to Land Registry to determine of the exact line of a boundary

>  verbal advice given on site to the client, or to the client and the neighbouring landowner, in relation to a boundary and/or a right of way

>  a professional opinion (i.e. a written report) that may be used by a client as the basis for a decision on future action

Expert Services

Expert services provided by a party appointed Expert include

>  preparing an Expert Report

>  meetings with the other side’s expert to narrow the issues

>  giving oral evidence in court

so as to assist the court in understanding the surveying issues that relate to the case. 

If the court so directs then Jon Maynard Boundaries Ltd will provide an Expert Surveyor to act as a Single Joint Expert in

>  preparing a Single Joint Expert Report

>  providing written answers to either or both parties’ written questions relating to the Report

>  giving oral evidence in court

Expert Services are governed by the RICS Practice Statement: Surveyors Acting as Expert Witnesses and by Part 35 of the Civil Procedure Rules.

The RICS Practice Statement:
Surveyors Acting as Expert Witnesses

When any chartered surveyor agrees or is required to provide expert evidence to a judicial or quasi-judicial body then he or she has to meet the requirements of The Royal Institution of Chartered Surveyors' Practice Statement: Surveyors Acting as Expert Witnesses and, if they also apply, the terms of the Civil Procedure Rules.

The Practice Statement requires that:

> expert evidence provided by the chartered surveyor must be truthful as to fact, honest and correct as to opinion, and complete as to coverage of relevant matters;

> expert opinion must be the independent, objective and unbiased product of the chartered surveyor;

> the surveyor's first duty is to the judicial body which may later rely on his evidence, and the evidence must not be biased towards the client who is paying for it.

Jon Maynard Boundaries Ltd will supply a full copy of the RICS Practice Statement on request.

The Civil Procedure Rules Part 35

These require that the Expert assists the court on matters within his expertise and that this duty overrides any obligation to the person from whom he has received instructions or by whom he is paid. 

Legal issues

The expert’s duty is to assist the court in matters within his own expertise. The expert’s role is to identify and to analyse the evidence so as to assist the court in establishing the truth. It is for the client’s lawyers to represent the client and to advance the client’s case.

Whilst professional advice and expert opinion is placed in the context of a thorough understanding of the law relating to the matters at issue, Jon Maynard Boundaries Ltd is not a law firm and does not offer legal services.

Nor do we offer advocacy services. We recommend that clients ask a solicitor who specialises in property litigation to advise them on legal matters and to recommend the services of a suitable barrister to represent them in court proceedings.

Payment

Jon Maynard Boundaries Ltd accepts instructions only from Appointors or Clients who are prepared to place us in funds prior to the commencement of work and prior to extending instructions to cover additional work.

Such funds are held in a separate account from our operating account and will be transferred into our operating account only as and when invoices are issued and only to the extent of the fees detailed on those invoices. The funds held will accounted for monthly, and any unused funds will be returned to the Client or Appointor upon completion of the instructions.

Jon Maynard Boundaries Ltd will not accept instructions on a “no win – no fee” basis. Such instructions are incompatible with an expert’s overriding duty to a court that may rely on his evidence.

Each service offered involves a series of processes.
Processes shown on a pale blue background are mandatory.
Processes shown on a pale yellow background may depend on
the circumstances of the case or on options exercised by the client.

Determined
Boundary

Consultancy

Expert
Services

Single Joint
Expert

Consultation
site inspection
review of documents

Consultation
site inspection
review of documents

Consultation
site inspection
review of documents

Consultation
site inspection
review of documents

Additional research
& evidence collection

Additional research
& evidence collection

Additional research
& evidence collection

Land survey
and drawings

Land survey
and drawings

Land survey
and drawings

Land survey
and drawings

Submission to
Land Registry

Verbal professional advice

Verbal professional advice

Verbal professional advice

Written professional advice / report

Written professional advice / report

Written professional advice / report

Expert Report

Single Joint
Expert Report

Written answers to
written questions on
the SJE Report

Meetings, correspondence with client's lawyers

Meeting with other
side's expert

Attend Court or
quasi-judicial body

Attend Court

Perform Court's instructions

Perform Court's instructions