Welcome to MOTIFS, where I follow cultural and literary images found in the Bible in an attempt to unearth God's meaning in His pattern of usage.

If it has not been possible to reconcile the border positions with your neighbour and it appears that the corresponding land may actually belong to your neighbour, you may want to ask him to sell you the land in question. This would then be like a normal sale, but supported by a detailed plan, again drawn by an experienced on-board surveyor. The most obvious way to have a limit determined is to ask for a certain limit. The first step is to identify the exact line of the new border exactly as the exact line of the legal limit must be identified when an application is set for a defined limit. In particular, a plan must be put in place to indicate the new limit to the level of precision required for specific use of borders. See preliminary work. Once you have the information you need, go back to our guide to border management The case of Acco Properties Ltd/ Severn reinforces many of the legal principles in the border dispute game. While Judge Simon Barker qC said it was “economic folly” to argue over a very small strip of land, he confirmed the right to do so. Send all the evidence that would justify the surveyor`s limit. This could include: A certificate in the same terms, but the indication of the position of the border with greater accuracy (z.B. in relation to an absolute accuracy of -/-200mm) is of course acceptable. The limit resulting from such an agreement is not consistent with the original transport. It is therefore not appropriate to use an agreed limit as a means of carrying out such a real estate transaction requiring transport or a transfer deed.

The Land Registry would reject a request to notify such a transaction as a border agreement. HM Cadastre clarifies border agreements and defined limits A border agreement that does not involve the deliberate transfer of land, i.e. which has no “elimination purpose,” does not enter the scope of Section 2 (1) of the Miscellaneous Provisions Act 1989 – which is “a contract of sale or any other provision on land.” Therefore, it is not necessary to enter into such a border agreement in writing to be enforceable: Haycock v Neville [2007] EWCA Civ 78 at [25]; Yeates v Line [2012] EWHC 3085 (Ch) to [29].

This article was posted in Uncategorized. Bookmark the permalink. Follow comments with the RSS feed for this post.Comments are closed, but you can leave a trackback: Trackback URL.