329. Primary evidence in the documents of title.

Evidence of boundaries differs in kind and in degree. The title deeds of the parties concerned constitute the primary evidence and must be considered first1; and the boundaries as indicated in the title deeds prevail if they are clear and unambiguous2. The construction of a deed is a matter for the court, but extrinsic evidence may be admissible to assist the court3. In the absence of clear evidence in the title deeds, the court may be guided by the applicable presumptions, if any4; evidence may be brought to rebut those presumptions5 but, in the absence of evidence to displace

Popular documents