header-logo header-logo

Homeward bound

27 May 2016 / Toby Boncey
Issue: 7700 / Categories: Features , Property
printer mail-detail
nlj_7700_boncey

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 of s 60(3) is to prevent potential disputes between adjoining

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll