Category: boundaries
Court of Appeal on: tilted balance, settlement boundaries and standard method – No. 5 Chambers
‘Oxton Farm had unsuccessfully sought judicial review of the decision of Harrogate Borough Council (the Council) to grant outline planning permission for 21 new homes and a village shop in Bickerton, North Yorkshire in September 2018 and appealed the judgment of the High Court to the Court of Appeal.’
No. 5 Chambers, 8th July 2020
Source: www.no5.com
Judge was wrong not to adjourn trial involving injured litigant – Litigation Futures
‘A judge was wrong to refuse adjourning a trial where one of the litigants injured his back just before the hearing and needed an emergency operation, the High Court has ruled.’
Litigation Futures, 5th May 2020
Source: www.litigationfutures.com
MPs no longer to get automatic vote on constituency boundary plans – The Guardian
‘MPs will no longer automatically get a vote on any future plans to redraw constituency boundaries.’
The Guardian, 26th March 2020
Source: www.theguardian.com
Council rejects claims it used wrong boundary over planning application – Local Government Lawyer
‘City and County of Swansea Council has rejected an allegation that it used the wrong boundary to appraise a planning application that affects the Gower area of outstanding natural beauty (AONB).’
Local Government Lawyer, 31st October 2018
Source: www.localgovernmentlawyer.co.uk
High Court dismisses legal challenge to local government reorganisation in Dorset – Local Government Lawyer
‘A High Court judge has rejected a legal challenge brought by Christchurch Borough Council over local government reorganisation in Dorset.’
Local Government Lawyer, 7th August 2018
Source: www.localgovernmentlawyer.co.uk
Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog
‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’
Practical Law: Construction Blog, 14th March 2018
Ministers urged to ditch plans to cut number of MPs by 50 – The Guardian
‘Government does not have parliamentary support for revised boundary changes, which would boost Tory election win chances, say Labour and Lib Dems.’
The Guardian, 17th October 2017
Source: www.theguardian.com
Where to draw the line? – Tanfield Chambers
‘Boundary disputes are among the most expensive and acrimonious litigation. It is rare to find an area of law in which a “point of principle” so often leads to such disregard of otherwise compelling considerations such as time, energy and cost. Kerry Bretherton QC of Tanfield Chambers provides a summary of some of the main legal principles applicable in boundary disputes that RICS professionals should be aware of.’
Tanfield Chambers, 9th August 2017
Source: www.tanfieldchambers.co.uk
‘Handbags in the cul-de-sac’: Judge accuses neighbours of ‘acting like immature teenagers’ in boundary row – Daily Telegraph
‘A judge accused warring neighbours of having “handbags in the cul-de-sac” after an 81-year-old man attacked a man living next door with a rounders bat.’
Daily Telegraph, 26th March 2017
Source: www.telegraph.co.uk
Reeves v Young – Tanfield Chambers
‘Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by the Court, in both cases HHJ Bailey in the County Court at Central London.’
Tanfield Chambers, 2nd February 2017
Source: www.tanfieldchambers.co.uk
Time to party (over that wall) like it’s 1996 – Hardwicke Chambers
‘As the incredible rise of our transatlantic wall-building friend sets gently into the twilight of credulity, it provides us with an opportunity to get back to reality with the Party Wall etc. Act 1996 (PWA 1996).’
Hardwicke Chambers, 1st December 2016
Source: www.hardwicke.co.uk
How are the boundary changes going to affect you? – The Independent
‘You may wonder what it has to do with you if two or three electoral wards move from one constituency to another at the other end of the country.’
The Independent, 13th September 2016
Source: www.independent.co.uk
Pensioner faces jail if he walks on police couple’s grass in a bitter eight-year turf war – Daily Telegraph
‘A pensioner who battled with his neighbours over a patch of land could be sent to jail if he walks on the grass outside his home.’
Daily Telegraph, 31st August 2016
Source: www.telegraph.co.uk
A judge by any other name would smell… much the same – Hardwicke Chambers
‘Did you know that a judge of the First-tier Tribunal (Property Chamber) may be able to hear a county court case and vice versa? Under a scheme being piloted at present, such a thing is indeed possible.’
Hardwicke Chambers, 13th June 2016
Source: www.hardwicke.co.uk
It has a “T” mark so I own the boundary – Park Square Barristers
‘As most properties now have registered titles, the starting is to look to the Register for the boundary. However – this is subject to two obvious pitfalls:
1. The boundary is a “general boundary” unless it has been fixed (and few boundaries are fixed);
2. The start point was, is and will remain, the conveyance that divided the plot out – ie the first division from a larger piece. This may have been many years before – often over 100 years before.’
Park Square Barristers, 25th May 2016
Source: www.parksquarebarristers.co.uk
Location, Location, Registration – Tanfield Chambers
‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’
Tanfield Chambers, 21st April 2016
Source: www.tanfieldchambers.co.uk
When is a boundary dispute not a boundary dispute? – Hardwicke Chambers
‘For litigants and property practitioners alike the FFT Property Chamber Land Registration has a number of advantages; not least no tribunal fees and a free mediation service. However the recent case of Murdoch & or v Amesbury & or [2016] UKUT 3 (TCC) is a timely reminder that the tribunal is not simply an alternative for the county court.’
Hardwicke Chambers, 11th February 2016
Source: www.hardwicke.co.uk
R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily
‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
