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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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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