Posts Tagged ‘Boundary Disputes’

Boundary disputes 3 – Adverse possession

April 02, 2013  |   Boundary Disputes,Party Wall Blog   |     | ?>

In my last posts here and here I looked at how to establish who is the "paper owner" of the land subject to a boundary dispute; that is, the person that owns the land according to the deeds. But this is only half the story. Even if it can be shown that one person is the paper owner, their neighbour may still have acquired ownership of the land through "adverse ...

Boundary disputes 2 – The surveyor’s report

In my last post I explained that the starting point in any boundary dispute is to find and analyse the first conveyance. In this post I will cover the next stage, which is to commission a boundary surveyor’s report. The Court of Appeal set out what the surveyor should be asked to do in the case of Childs v Vernon [2007] EWCA Civ 305:- “On the issue of the ...

Boundary disputes 1 – Find the first conveyance

February 28, 2013  |   Boundary Disputes,Party Wall Blog,Party Wall Trespass   |     | ?>

Following on from my earlier post, this is the first in a series that will set out the approach that the Courts and Land Registry Adjudicator will adopt when resolving boundary disputes. Although often the first thing the parties look at is the Land Registry and Ordinance Survey plans, they are simply not relevant in boundary disputes. Lord Hoffman set out exactly needs to be done at the beginning of ...

Today is the Roman festival of “Terminalia”…..

February 23, 2013  |   Boundary Disputes,Party Wall Blog   |     | ?>

….. which celebrates the Roman god Terminus, who was tasked with the protection of boundary markers. Where Roman estates adjoined they were marked with a boundary stones which usually included a statute of Terminus (pictured) Each year on 23 February, Roman land owners would celebrate with neighbouring families garlanding their respective sides of the marker and making offerings of crops, honeycomb and wine, which would “renew” the boundaries. [pullquote_right]...Land Registry and Ordinance Survey plans are “worse than ...