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This publication is available at https: Introduction We are all familiar with boundaries because we see them every day. Our own properties will probably have some kind of boundary structure that separates it from neighbouring properties. Some structures appear natural, living things like hedges and tree lines.
Others are obviously man-made such as walls, timber fences and ditches. There are two senses in which it can be used: It is an exact line having no thickness or width and is rarely identified with any precision either on the ground or in conveyances or transfers and is not shown on Ordnance Survey mapping.
Ultimately the exact position of a boundary, if disputed, can be determined only by the court or the Land Registration division of the Property Chamber, First-tier Tribunal. The legal boundary may run within the physical boundary structure but it might just as easily run along one particular side of the structure, or include all or any part of an adjoining roadway or stream.
Living boundary structures such as hedges can be prone to a certain degree of movement: So even if it is clear that the legal boundary ran along the hedge, identifying this boundary on the ground may become very difficult.
Difficulties in showing the precise position of physical boundaries on plans Ordnance Survey translates the landscape into mapping we use today and have used for many decades.
A line shown on the Ordnance Survey map indicates that a feature existed in that position, subject to certain limitations at the time of the survey.
See practice guide Whilst the precise position of the physical features, which may give an indication of the occupied extent or the general position of a legal boundary, may be determined by inspection on the ground, the extent to which their precise position may be recorded on a plan will largely depend on the accuracy of the survey on which such a plan is based.
Even the most detailed surveys with the most modern and highly accurate survey instruments take place within certain defined tolerances and large-scale Ordnance Survey mapping is no exception.
Identifying the position of the legal boundary Case law establishes that the position of the legal boundary will depend on the terms of the relevant pre-registration conveyance or the transfer as a whole, including, of course, the plan.
If the plan is insufficiently clear for the reasonable layperson to determine the position of the boundary, the court can refer to extrinsic evidence and in particular to the physical features on the ground at the time. The question for the court is: We will complete a first registration without making detailed enquiries as to the precise location of the legal boundaries.
Unlike the tolerances applied to Ordnance Survey mapping, there is no standard tolerance, measurement or ratio that can be attributed to the relationship between the position of the general boundary mapped on an HM Land Registry title plan and the position of the legal boundary.
Case law makes clear that there is no limit to the quantity of land that can fall within the scope of the general boundaries rule: Fixed boundaries This procedure has been superseded by the determined boundaries provisions referred to in practice guide Sumpter v Hedges  1 QB Partial performance of a contract.
Facts. A builder contracted to build two houses and stables for the lump sum of £ High Hedges (Scotland) Act Revised Guidance to local authorities. 2. Ministerial Foreword. - Crown land 9 9 10 11 Meaning of ‘ This guidance is not a statement of the law. The law of the land comprises a crystallized expression of values cast in sharp relief against the landscape of the law.
(Gray and Gray, Elements of Land Law) What key values or aims does English Land Law promote and evaluate the balance struck by them.
Provide illustrations of relevant cases and statute in this regard. The English Land Law is one of the oldest branches found in the.
Oct 09, · The formal consultation on these new proposals in early showed popular support from islanders, and its implementation will follow the passing of similar laws in England and Wales under the High Hedges part of the Anti-Social Behaviour Act , and in Jersey under the High Hedges (Jersey) Law Trees and hedges People in urban areas may have disputes about trees or hedges on their neighbour’s land.
The Trees (Disputes Between Neighbours) Act provides a process for resolving disputes between neighbours about trees and hedges. 1 Neighbours’ Hedges as Barriers to Sunlight and a View. Tasmania Law Reform Institute Issues Paper No Response from the Local Government Association of Tasmania.