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25 February 2010 / Carl Calvert
Issue: 7406 / Categories: Features , Expert Witness , Profession
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Best laid plans

Is there appropriate certainty in mapping boundaries? asks Carl Calvert

Describing what land is bought and sold is often well understood at the very onset of subdivision of land but as one parcel is carved from another and buildings appear, sometimes close, sometimes touching, sometimes far away, the description of that land may fail to describe the legal estate in that land. To assist matters it has often been the practice of placing a deed plan with the deed as an indication or description of the land.

Construing a conveyance is a matter of law: Sara Colin in Boundaries and Easements, p 9, says there is sufficient authority for the parcels clause to be construed together with the conveyance plan and not each in isolation. In Wiggington & Milner v Winster Engineering 1978]1 WLR 1462, [1978] 3 All ER 43 Buckley LJ stated that the court must “…have a regard to the conveyance as a whole”.

Sometimes the plan is no better than a crumpled toffee paper while in other cases the plan

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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