A chartered surveyor who was sued for £80,000 after a property dispute has had the claim against him withdrawn after Harrison Drury successfully challenged it on his behalf.
The claim was made against the Midlands-based surveyor alleging he was negligent when he prepared a deed plan for use in the sale of a house in 1998.
The dispute was complicated as it was alleged the ‘defective’ deed plan had given rise to a boundary dispute with a neighbour.
John Chesworth, managing partner of Harrison Drury, explains: “Because the property was not registered, there was no Land Registry plan, meaning that when our client prepared the deed he had to work from instructions from the seller of the property about where the property’s boundaries lay.
“Following a subsequent dispute over these boundaries, the neighbour took legal action against the buyer of the property in question, who in turn took action against the seller of the property, who then sued our client.
“The overall claim amounted to £80,000, but we argued strongly that there was no liability attached to the surveyor as he was merely working off instructions given to him by the seller.”
Harrison Drury was instructed in the claim by Markel (UK) Limited, the surveyor’s insurer.
The claim went to mediation with the four parties present and after a day of negotiation the claim against the surveyor was withdrawn in its entirety.
Speaking after the case, the surveyor said of Harrison Drury and Markel: “You have been absolutely superb through all of this. You have provided me with peace of mind and I feel vindicated that the case has been resolved without a penny being paid over in damages.”