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Defining boundaries

Recent case law relating to proprietary estoppel and boundary disputes illustrates the importance of providing clients with specialist advice, writes Caroline Nemecek

8 September 2015

Solicitors often struggle to impress upon clients the importance of preparing detailed, Land Registry-compliant plans when transferring land, but failure to do so can lead to problems further down the line. Despite much litigation over many years on the subject of boundaries, at great expense to the parties involved, disputes are still being heard by the courts.

The recent Court of Appeal decision in Norman and another v Sparling [2014] EWCA Civ 1152 confirms existing case law, and reminds us that the courts will consider the conduct of the parties and admit it as extrinsic evidence to determine the line of a boundary where the documentation regarding the boundary is found to be lacking.

The importance of clearly defining boundaries in transfers or conveyances when land is sold or gifted cannot be understated.

Boundary lines

Mr and Mr...

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