The parties involved were in dispute over ownership of a ditch between the two properties, and the impact of works carried out by the Defendant on the property owned by the Claimant.
BHA were appointed as Joint Expert Witness acting for both the Claimant and Defendant. BHA investigated and reported on the complex drainage aspects and purpose of the ditch, and whether works and infilling carried out by the Defendant had resulted in failure of the drainage system on the Claimant’s property.
The drainage system was complicated by being a partly tidal man-made raised drainage system crossing lowland pumped drainage fens. The history of the drains was traced back to the 17th century, and the purpose for which the drains were constructed had to be established.