Semple v Anthony and Anthony (Evidence): LRA 13 Jan 2012

LRA Determined Boundary – whether title plans determinative of the boundary between car-parking spaces – whether extrinsic evidence admissible as an aid to the construction of the transfers – whether the intention of the parties to the original transfer is admissible evidence.

Citations:

[2012] EWLandRA 2011 – 0522

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedWebb v Nightingale CA 8-Mar-1957
A boundary line which the parties had agreed and marked out could supersede a plan on a conveyance expressly said to be for identification only. Lord Denning: ‘It seems to me that the line of white stakes with the white peg in the south-east corner . .
CitedWillson v Greene (Moss third party) ChD 1971
The court could take into account objective surrounding circumstances indicating where the boundary line had been agreed and marked out by the parties. Thus extrinsic evidence of where the land was identified by pegs was admissible and the extrinsic . .
Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 19 August 2022; Ref: scu.510149