As per the Dividing Fences Act below, a neighbour can be asked to define the boundary of their property. This can take the form of them placing pegs where they think the boundary is. If the adjoining neighbour then gets a registered surveyor to define the boundary and the pegs are ascertained to be in the same position defined by pegs placed there by the owner receiving the notice, then the neighbour doesn't have to pay half the surveying costs.
My question is in legal terms what is a resonable interpretation of "same position" - 1mm, 1cm or 1m out??? It is obviously going to always be out by some degree.
DIVIDING FENCES ACT 1991 - SECT 18
Procedure for defining boundary line
18 Procedure for defining boundary line:
(1) An adjoining owner may give notice in writing to the other adjoining owner of his or her intention to have the common boundary line defined by a registered surveyor if the owners do not agree on the position of the common boundary line for the purposes of carrying out fencing work.
(2) The owner receiving the notice may, within 7 days after service of the notice:
(a) define the position of the common boundary line by pegs if satisfied as to its position, or
(b) employ a registered surveyor to define the common boundary line,
and in either case is to inform the other adjoining owner in writing of what has been done.
(3) The owner giving the notice may have the common boundary line defined by a registered surveyor if the owner to whom the notice is given has, within 1 month after service of the notice, defined the common boundary line by pegs or failed to have the common boundary defined by a registered surveyor.
(4) If the common boundary line as defined by a registered surveyor is ascertained to be in the same position defined by pegs placed there by the owner receiving the notice, that owner is entitled to recover from the owner giving the notice any costs incurred.
(5) In any other case when a registered surveyor has been employed, all reasonable expenses are to be paid in equal shares by the adjoining owners.
(6) In this section, "registered surveyor" means a person registered under the Surveying and Spatial Information Act 2002 as a surveyor.
My question is in legal terms what is a resonable interpretation of "same position" - 1mm, 1cm or 1m out??? It is obviously going to always be out by some degree.
DIVIDING FENCES ACT 1991 - SECT 18
Procedure for defining boundary line
18 Procedure for defining boundary line:
(1) An adjoining owner may give notice in writing to the other adjoining owner of his or her intention to have the common boundary line defined by a registered surveyor if the owners do not agree on the position of the common boundary line for the purposes of carrying out fencing work.
(2) The owner receiving the notice may, within 7 days after service of the notice:
(a) define the position of the common boundary line by pegs if satisfied as to its position, or
(b) employ a registered surveyor to define the common boundary line,
and in either case is to inform the other adjoining owner in writing of what has been done.
(3) The owner giving the notice may have the common boundary line defined by a registered surveyor if the owner to whom the notice is given has, within 1 month after service of the notice, defined the common boundary line by pegs or failed to have the common boundary defined by a registered surveyor.
(4) If the common boundary line as defined by a registered surveyor is ascertained to be in the same position defined by pegs placed there by the owner receiving the notice, that owner is entitled to recover from the owner giving the notice any costs incurred.
(5) In any other case when a registered surveyor has been employed, all reasonable expenses are to be paid in equal shares by the adjoining owners.
(6) In this section, "registered surveyor" means a person registered under the Surveying and Spatial Information Act 2002 as a surveyor.
