Evidence

Which matters more: deeds, plans or what is physically on site?

Boundary evidence rarely has a single automatic winner. The task is to read the documents as a whole and test them against the physical and historic evidence.

There is no universal rule that a title plan, old fence or measurement always wins. Boundary identification is an evidence exercise.

Start with the conveyance or transfer

The words and plan used when land was conveyed or transferred can be central. The question is what the document, read as a whole and in context, conveyed.

Then test against the site

Physical features can be especially useful where they existed when the land was divided. A later replacement fence may carry less weight as evidence of the original boundary if nobody can show where the earlier feature stood. Long occupation or a later boundary agreement may raise separate legal questions.

Historic evidence can connect the two

Old photographs, planning drawings, aerial imagery and mapping may help establish whether a feature existed and whether it moved.

The job is comparison, not selection

A sound investigation compares the sources, identifies consistency and conflict, and explains the weight placed on each piece of evidence.

Need an evidence-led view?

For an early-stage assessment, consider an Early Neutral Evaluation. For a developed dispute, a fuller investigation report may be appropriate.

Early Neutral Evaluation →  ·  Investigation reports →
Important: This page is general information, not legal advice. Boundary disputes are fact-sensitive. The significance of title documents, plans, physical features, historic evidence, occupation and conduct depends on the circumstances. Where litigation, a Land Registry application or a binding settlement is contemplated, appropriate legal advice should be obtained.