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20 November 2008
Issue: 7346 / Categories: Opinion , Property
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The edge of reason

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 and show an appropriate metric scale and show orientation.

Dimensions

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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