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27 May 2016 / Toby Boncey
Issue: 7700 / Categories: Features , Property
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Homeward bound

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At the boundaries of permissible & impermissible boundary determinations. Toby Boncey reports

In Murdoch v Amesbury [2016] UKUT 3 (TCC), His Honour Judge Dight, sitting in the Upper Tribunal, held that the First-tier Tribunal (FTT) had exceeded its jurisdiction by determining the line of a boundary. The FTT had already dismissed the applicants’ application for determination of the exact line of the boundary under s 60(3) of the Land Registration Act 2002 (LRA 2002) because the plan submitted was not within the required tolerance for a determined boundary plan (10mm). Having decided that the plan was inaccurate and the application to determine the boundary should be rejected, the FTT had no jurisdiction to go on to decide where the boundary did lie.

HHJ Dight noted that the FTT had no inherent jurisdiction, so the question was one of statutory construction. Section 60(3) itself merely provides for rules to be made, but HHJ Dight held that the section “properly construed, relates to the registration of plans which show the parcels, and boundaries, of the related registered titles…the purpose

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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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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