Boundary Dispute in UK Law

Leading Cases
  • Alan Wibberley Building Ltd v Insley
    • House of Lords
    • 29 April 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 October 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.

  • Pennock and Another v Hodgson
    • Court of Appeal (Civil Division)
    • 27 July 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.

  • Bank of Credit and Commerce International SA ((in Liquidation)) v Ali (No. 1)
    • House of Lords
    • 01 March 2001

    In such a case, the scope of the dispute provides a limiting background context to the document. It is easy to infer that although the parties used very wide language - "all claims" and so forth - they meant all claims arising out of the matters in dispute. It would go without saying that they were not intending to include claims of an altogether different character. In 1861 the railway company used its statutory powers to buy some of Mr Blackmore's land for railway purposes.

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

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

    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. For that to occur – and it very rarely occurs – it has to be legally or practically impossible to give to the parties' agreement any sensible content.

  • Strachey v Ramage
    • Court of Appeal (Civil Division)
    • 16 July 2008

    That required a consideration of the February conveyance in the context of the surrounding circumstances in which it was granted, and having regard also to any evidence properly admissible for the purposes of its interpretation. It is, however, fundamental that the parcels clause in a conveyance should not be considered in isolation from the remainder of the document.

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Legislation
  • Wales Act 2017
    • UK Non-devolved
    • January 01, 2017
    ...... (v) section 13 (resolution of disputes between harbour authorities); . (vi) paragraph 4 of Schedule A1 (appeals ... the sea adjacent to England out as far as—(a) the seaward boundary of the territorial sea, or(b) if nearer to the land, any boundary between ......
  • 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
    • January 01, 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. . Note ......
  • Ordnance Survey Act 1841
    • UK Non-devolved
    • January 01, 1841
    ...... Mark or Object to be used in the Survey, or any Post, Stone, or Boundary Mark whatsoever, and to fix and place any such Object, Post, Stone, or ... case the same shall be demanded: Provided always, that in case of Dispute between the said Person appointed by the Justices as aforesaid, or any ......
  • Party Wall etc. Act 1996
    • UK Non-devolved
    • January 01, 1996
    ......boundary wall (not being a party fence wall or the external wall of a. building),. ...with subsection (6). . (8) Where any dispute arises under this section between the building. owner and any adjoining ......
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Books & Journal Articles
  • Terrorism and the Funding of Terrorism in Kashmir
    • Nbr. 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
    • Nbr. 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 Army of Israel, Jerusalem
    • Nbr. 6-3, September 1951
    • International Journal
    ...... It was only when the Guiana boundary dispute flared up with Britain ten years later, that he came ......
  • Book Review: The Life of Joaquim Nabuco
    • Nbr. 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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