Q&As

Where there is a discrepancy between the boundary location of a property as-built and the location of the boundary as indicated in proposed site layout plans used in the conveyancing of the properties in question, which of the boundary locations take preeminence?

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Produced in partnership with Nicholas Grant of Landmark Chambers
Published on LexisPSL on 11/05/2020

The following Property Disputes Q&A produced in partnership with Nicholas Grant of Landmark Chambers provides comprehensive and up to date legal information covering:

  • Where there is a discrepancy between the boundary location of a property as-built and the location of the boundary as indicated in proposed site layout plans used in the conveyancing of the properties in question, which of the boundary locations take preeminence?

Where there is a discrepancy between the boundary location of a property as-built and the location of the boundary as indicated in proposed site layout plans used in the conveyancing of the properties in question, which of the boundary locations take preeminence?

Determining the boundary between the properties requires objectively interpreting the conveyance or transfer at the time of conveyance, against the background circumstances in which it was made, and taking into account all admissible material (see eg Strachey v Ramage, para 33). It is an impressionistic exercise, so the final outcome may well vary depending on facts which are not outlined in the question.

Generally, the situation ‘on the ground’ at the time of the transfer is important. Often the plans include scales too small and markings too thick to be of help in delineating the exact boundary (Alan Wibberley Building Ltd. v Insley, para 895–896).

Accordingly, the admissible material includes evidence of relevant physical features of the land which were existing and known at the time of the conveyance. The task is to find a natural boundary which can correspond with the boundary

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