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The edge of reason

20 November 2008
Issue: 7346 / Categories: Opinion , Property
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Stuart Johnston & Simon Rutman offer some practical advice relating to plans and boundaries

Property owners have a fixed idea of what they assume is the physical extent of their property. However, this notion may not reflect the legal situation and when disputes arise between neighbours over land that they both claim to own, in the words of Lord Hoffman in Alan Wibberley Building Limited v Insley [1999] 1 WLR 894: “Feelings run high and disproportionate amounts of money are spent. Claims to small and valueless pieces of land are pressed with the zeal of Fortinbras’s army. It is therefore important that the law on boundaries should be as clear as possible.”

Plans
Land Registry’s requirements In the case of registered land, the first point of reference when trying to establish the extent of a property will be the Land Registry’s official copy of the registered title plan.

The Land Registry’s Practice Guide 40 provides comprehensive guidance on their requirements for plans at first registration. The following is a brief summary:

Plans must be drawn to

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