Common Issues in Boundary Disputes
- Podcast Location:
- Sorry, this podcast has been removed as it is now out of date
- Categories:
-
Residential Property
- CPD Points:
- Up to 1 point. details »
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- Cost:
- a) £65+VAT for this CPDcast only
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast aims to provide an overview of the main issues raised by boundary disputes: the types of evidence that may be admissible in court in ascertaining the true location of the boundary (including the status of acts subsequent to the original conveyance); issues of expert evidence; the status of informal boundary agreements; and court and Land Registry procedure and practice.
- Outcomes:
- After completing the course you will:
- Understand the types of evidence that may be admissible in court in ascertaining the true location of the boundary (including the status of acts subsequent to the original conveyance);
- Understand the place of expert evidence, and how it should be managed;
- Understand the significance of more or less informal boundary agreements;
- Have an overview of court and Land Registry procedure and practice.
- Level:
- Complex
- Classification:
-
Legal Principles
Practical Guide
- Sources and References:
-
- Law of Property (Miscellaneous Provisions) Act 1989;
- Land Registration Act 2002 ss2, 73(7), 108(1);
- Land Registration Rules 2003 r119(3), r118, r122;
- Ali v Lane [2006] EWCA Civ 1532;
- Wallington v Townsend [1939] 2 All ER 225;
- Fisher v Winch [1939] 1 K.B. 666;
- Alan Wibberley Building Ltd v Insley [1999] 1 WLR 894;
- Strachey v Ramage [2008] EWCA Civ 384;
- Pennock and anor v Hodgson [2010] EWCA Civ 873;
- Railway Clauses Consolidation Act 1845 s68;
- Falkingham v Farley, The Times, 11 March 1991;
- Schuler AG v Wickman Machine Tools Sales Limited [1974] AC 235;
- Neilson v Poole [1969] 20 P&CR 909;
- St Edmundsbury and Ipswich Diocesan Board of Finance and Another v Clark (No 2) [1973] 1 WLR 1572;
- Joyce v Rigolli [2004] EWCA Civ 79;
- Neilson v Poole [1969] 20 P&CR 909;
- Hopgood v Brown [1955] 1 WLR 213;
- Derbyshire CC v Fallon [2007] EWHC 1326 (Ch);
- Berridge v Ward (1861) 10 CB (NS) 400;
- Commission for New Towns v JJ Gallagher Ltd [2003] 01 EG 67;
- Attorney-General v Beynon (1970) 1 Ch 12;
- R v United Kingdom Electric Telegraph Co Ltd (1862) 31 LJMC 166;
- Duke of Devonshire v Pattison (1887) 20 QBD 263;
- Corbett v Hill (1870) LR 9 Eq 671;
- Anchor Brewhouse Ltd v Berkley House (Docklands Developments) Ltd [1987] EGLR 173;
- Bernstein v Skyviews & General [1978] QB 479.
This podcast is an introduction to the topic of boundary disputes: how they arise, how the courts approach them, and how they can be settled or otherwise resolved.
Podcast added: 29/04/10
Podcast last reviewed: 2011-03-28
This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.
