It has a “T” mark so I own the boundary – Park Square Barristers

Posted June 2nd, 2016 in boundaries, conveyancing, land registration, news by sally

‘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.’

Full story

Park Square Barristers, 25th May 2016


Location, Location, Registration – Tanfield Chambers

Posted April 26th, 2016 in boundaries, land registration, news, tribunals by sally

‘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.’

Full story

Tanfield Chambers, 21st April 2016


When is a boundary dispute not a boundary dispute? – Hardwicke Chambers

Posted February 23rd, 2016 in boundaries, land registration, news, tribunals by sally

‘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.’

Full story

Hardwicke Chambers, 11th February 2016


R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily

R (Luton Borough Council) v Central Bedfordshire Council and others [2015] EWCA Civ 537; [2015] WLR (D) 226

‘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


Brantley and others v Constituency Boundaries Commission and others – WLR Daily

Posted May 21st, 2015 in boundaries, constitutional law, elections, law reports, Privy Council by sally

Brantley and others v Constituency Boundaries Commission and others [2015] UKPC 21; [2015] WLR (D) 209

‘A proclamation signed by the Governor General authorising alteration of the constituency boundaries in the territories of St Christopher and Nevis was made, under section 119 of the Constitution, when it was published in the Official Gazette; and it came into force, pursuant to section 50(6) of the Constitution, on the next dissolution of Parliament after it was made. Therefore, where the Governor General had dissolved Parliament with effect from 16 January 2015 and fixed the election date for 16 February 2015, and, by proclamation published in the Official Gazette on 20 January, authorised alteration of the constituency boundaries, the proclamation, having been made after the dissolution of Parliament, if valid only came into force on the dissolution of the Parliament elected in February 2015 and did not govern the 2015 election.’

WLR Daily, 11th May 2015


Call for MP boundary review law change – BBC News

Posted March 16th, 2015 in boundaries, elections, news, parliament by sally

‘Rules that pave the way for the number of MPs to be reduced from 650 to 600 must be reversed, a parliamentary group has said.’

Full story

BBC News, 15th March 2015


Court of Appeal: litigants in person may get help with relief from sanctions, but only “at the margins” – Litigation Futures

‘The fact that an individual or a company is a litigant in person is not a reason for the “disapplication” of court orders, rules and directions, appeal judges have ruled.’

Full story

Litigation Futures, 5th January 2015


Boundaries And The Interpretation Of Conveyances: Myths And Legends – No. 5 Chambers

Posted December 3rd, 2014 in boundaries, conveyancing, dispute resolution, evidence, interpretation, news by sally

‘The aim of this seminar is to examine a number of commonly held misconceptions about boundary interpretation – “the myths” – and to look at one or two legends along the way.’

Full story (PDF)

No. 5 Chambers, 28th November 2014


Boundary disputes: Evidence – The pitfalls and practicalities – Hardwicke Chambers

Posted May 12th, 2014 in appeals, boundaries, costs, evidence, news, trespass by sally

‘Boundary disputes are rarely cost effective and the courts often make orders that make them disproportionately costly for the winner as well as the loser. Two recent cases demonstrate that risk and the importance of fully exploring and considering the available and/or potential evidence as early as possible.’

Full story

Hardwicke Chambers, 7th May 2014


‘Crackers’ £7.50 criminal damage claim against former Army captain – Daily Telegraph

Posted August 9th, 2013 in boundaries, criminal damage, Crown Prosecution Service, news by sally

A judge has criticised the Crown Prosecution Service as ‘crackers’ for taking a retired Army captain to court for £7.49 worth of alleged damage to a wooden fence.

Full story

Daily Telegraph, 9th August 2013


Boundary changes: Revised proposals for English constituencies – BBC News

Posted October 17th, 2012 in boundaries, consultations, elections, news, parliament by tracey

“Revised proposals have been published for the shape of future parliamentary boundaries in England.”

Full story

BBC News, 16th October 2012


Council sued over student’s fall – BBC News

Posted October 30th, 2009 in boundaries, footpaths, news, personal injuries by sally

“A man seriously injured after a fall during a night out when he was a student is suing a council for damages.”

Full story

BBC News, 29th October 2009


East Devon District Council v Boundary Committee of the Electoral Commission – WLR Daily

Posted January 12th, 2009 in boundaries, judicial review, law reports, local government by sally

East Devon District Council v Boundary Committee of the Electoral Commission [2009] EWHC 4 (Admin); WLR(D) 5

“The power under s 5(3)(c) of the Local Government and Public Involvement in Health Act 2007 for the Boundary Committee of the Electoral Commission to make ‘an alternative proposal’ enabled the Committee to make two or more proposals.”

WLR Daily, 9th January 2009


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judge sums up with Shakespeare – The Guardian

Posted April 21st, 2008 in boundaries, easements, news by sally

“A senior appeal court judge livened up a hearing over a boundary dispute yesterday by quoting from Shakespeare.”

Full story

The Guardian, 19th April 2008


Neighbour dispute costs £300,000 in legal bills – Daily Telegraph

Posted March 20th, 2008 in boundaries, costs, news by sally

“A feud over a 4ft-wide strip of land has seen neighbours rack up £300,000 in lawyers’ bills, and left one family effectively homeless.”

Full story

Daily Telegraph, 20th March 2008