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 evidence was admitted.
Judges:
Foster J
Citations:
[1971] 1 All ER 1098, [1971] 1 WLR 635
Jurisdiction:
England and Wales
Citing:
Cited – Webb 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 . .
Cited by:
Cited – Stephenson and Another v Johnson and Another CA 12-Jul-2000
There had been a dispute as to the correct boundary between two properties in North Yorkshire. The land had been in common ownership until 1973. The 1973 conveyance showed the boundary in a position which the claimants said was determinative. The . .
Cited – Lovering and Another v Atkinson and Others PC 18-May-2020
(Court of Appeal of Guernsey (Civil Division)) Conveyancing dispute between the partners of a firm of advocates and notaries public and their clients as to whether AFR were negligent in allowing their clients to purchase a residential property with . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 20 August 2022; Ref: scu.658852