Boundary Dispute in UK Law

Leading Cases
  • Alan Wibberley Building Ltd v Insley
    • House of Lords
    • 29 Abril 1999

    It follows that if it becomes necessary to establish the exact boundary, the deeds will almost invariably have to be supplemented by such inferences as may be drawn from topographical features which existed, or may be supposed to have existed, when the conveyances were executed.

  • Buttes Gas and Oil Company v Hammer; Buttes Gas and Oil Company v Hammer (No. 3)
    • House of Lords
    • 29 Octubre 1981

    Leaving aside all possibility of embarrassment in our foreign relations (which it can be said not to have been drawn to the attention of the court by the executive) there are - to follow the Fifth Circuit Court of Appeals - no judicial or manageable standards by which to judge these issues, or to adopt another phrase (from a passage not quoted), the court would be in a judicial no-man's land: the court would be asked to review transactions in which four sovereign states were involved, which they had brought to a precarious settlement, after diplomacy and the use of force, and to say that at least part of these were "unlawful" under international law.

  • Fage UK Ltd v Chobani UK Ltd
    • Court of Appeal (Civil Division)
    • 28 Enero 2014

    It seems to me that the reason why it is necessary for the protected class of goods to be clearly defined, or defined with reasonable precision, is because the goodwill that the tort seeks to protect is a species of property. The boundaries are needed in order to delineate both what is protected and also who shares in the ownership of the protected subject matter. The action in passing off is directed against those who cross the boundary.

  • Pennock and Another v Hodgson
    • Court of Appeal (Civil Division)
    • 27 Julio 2010

    Looking at evidence of the actual and known physical condition of the relevant land at the date of the conveyance and having the attached plan in your hand on the spot when you do this are permitted as an exercise in construing the conveyance against the background of its surrounding circumstances. They include knowledge of the objective facts reasonably available to the parties at the relevant date.

  • Scammell and Another v Dicker
    • Court of Appeal (Civil Division)
    • 14 Abril 2005

    Parties are always disagreeing about the contracts which they make. They take those arguments, if necessary, to the courts, or to arbitration, for their resolution: and sometimes the resolution is very difficult indeed to arrive at. That is equally true of disputes as to the meaning of contracts and of disputes as to the application of contracts to the facts and of disputes as to the proper understanding of the facts.

  • Kuwait Airways Corporation v Iraqi Airways Company (Nos 4 & 5)
    • Court of Appeal (Civil Division)
    • 27 Marzo 2002

    The second insight, however, is that, whether the sovereign acts within his own territory or outside it, there is a certain class of sovereign act which calls for judicial restraint on the part of our municipal courts. In essence, the principle of non-justiciability seeks to distinguish disputes involving sovereign authority which can only be resolved on a state to state level from disputes which can be resolved by judicial means.

  • Yukos Capital S.A.R.L (a Company Incorporated in Luxembourg) v Ojsc Rosneft Oil Company (a Company Incorporated in the Russian Federation)
    • Court of Appeal (Civil Division)
    • 27 Junio 2012

    It is a form of immunity ratione materiae, closely connected with analogous doctrines of sovereign immunity and, although a domestic doctrine of English (and American) law, is founded on analogous concepts of international law, both public and private, and of the comity of nations.

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Legislation
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ... ... Boundaries ... 60: Boundaries ... (1) The boundary of a registered estate as shown for the purposes of the register is a ... ...
  • Land Registration Rules, 1925, Dated NOVEMBER 3, 1925, Made by the LORD CHANCELLOR UNDER SECTION 144 OF THE LAND REGISTRATION ACT, 1925 (15 & 16 GEO. 5. C. 21).
    • UK Non-devolved
    • 1 de Enero de 1925
    ... ... , in each instance, of the intention to ascertain and fix the boundary, with such plan, or tracing, or extract from the proposed verbal ... boundary proposed to be registered; and any question of doubt or dispute arising therefrom shall be dealt with as provided by these rules ... ...
  • Party Wall etc. Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ... ... (b) are built on at the line of junction only to the extent of a boundary wall (not being a party fence wall or the external wall of a building) ... (8) Where any dispute arises under this section between the building owner and any adjoining ... ...
  • Local Government Act 1858
    • UK Non-devolved
    • 1 de Enero de 1858
    ... ... (3.) In all other Places having a known or defined Boundary, by a Resolution of the O wners and ... Ratepayers: ... But no such ... being set back, the Amount of such Compensation, in case of Dispute, to be settled in the same Manner as Compensation for Land to be taken ... ...
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Books & Journal Articles
  • National and Global Energy Governance: Issues, Linkages and Challenges in the Philippines
    • No. 2-s1, September 2011
    • Global Policy
    This study examines the state of energy governance in the Philippines and assesses how domestic energy policies have shaped or been shaped by global energy institutions and issues. It analyzes the ...
    ... ... work- ing for a fair resolution of the longstanding maritime boundary dispute with China which would allow for joint utili- zation of the ... ...
  • Terrorism and the Funding of Terrorism in Kashmir
    • No. 9-3, March 2002
    • Journal of Financial Crime
    • 201-211
    The independence of India from the British Empire was marked by its partition into two countries, viz India and Pakistan. As a corollary to independence and partition of India, 500‐odd princely sta...
    ... ... because India agreed that the United Nations, to which the Kashmir dispute was to be referred, would help in the resolution of the Kashmir issue ... up a large part of Kashmir in the north-east, on the basis of a boundary dispute which it raised with India and which has yet to be resolved. To ... ...
  • Canada's Cold Front
    • No. 65-1, March 2010
    • International Journal
    ... ... Christopher Sands Canada’s cold front Lessons of the Alaska boundary dispute for Arctic boundaries today Where does the sovereignty of one ... ...
  • Book Review: The Life of Joaquim Nabuco
    • No. 6-3, September 1951
    • International Journal
    ... ... It was only when the Guiana boundary dispute flared up with Britain ten years later, that he came ... ...
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Law Firm Commentaries
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