No determined Boundary – Court Findings Enough
Land Registration – Boundary Disputes – Construction of Conveyance – Straight Line Boundary – usefulness of computer-generated lines – party wall – fence posts
Held: ‘It should be borne in mind that a carefully-drawn conveyance plan showing a straight boundary may not depict a perfectly straight line on the ground; a red line on a plan may be a metre wide on the ground because the conveyancers of the past did not have today’s computerised mapping tools; nor did the builders of the 1960s, with pegs and tape, have the use of today’s measuring instruments.’
Judge Elizabeth Cooke
[2020] UKUT 319 (LC)
Bailii
Land Registration Act 2002 60
England and Wales
Citing:
Cited – Pennock and Another v Hodgson CA 27-Jul-2010
In a boundary dispute, the judge had found a boundary, locating it by reference to physical features not mentioned in the unambigous conveyance.
Held: The judge had reiterated but not relied upon the statement as to the subjective views of the . .
Cited – Bean and Another v Katz and Another UTTC 6-Apr-2016
An appeal from a decision made in the Land Registration Division of the First-tier Tribunal on the Appellants’ application for a determined boundary under section 60 of the Land Registration Act 2002.
Held: If the FTT regards the boundary . .
Cited – Hawkes v Howe CA 29-Jul-2002
The parties were neighbours. One asserted that the other had trespassed in a building by 2.5 inches. The defendant appealed an award of damages. A garage had been built over the boundary by a previous occupier but by agreement. The new owner . .
Cited – Lanfear v Chandler CA 20-Nov-2013
Appeal in boundary dispute case.
Held: There is no presumption that T-marks indicate the ownership of the boundary feature . . .
Cited – Lowe and Another v William Davis Ltd UTTC 26-Jun-2018
FTT’s jurisdiction to locate boundary
Land Registration – Location of Boundary- Land registration – Land Registration Act 2002, section 60 – Land Registration Rules 2003, rules 118 – 120 – application to First-tier Tribunal for determination of exact line of boundary – First-tier . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 09 November 2021; Ref: scu.656354