Statute Law. This will not tell him where the boundary is located but it will specify the legal framework within which his Judgment may be made.
Legal Precedent, also known as case law. The judge will want to know whether the circumstances of the case before him match those of any other case that has been tried within the same jurisdiction (or within other jurisdictions that adhere to similar legal principles). The barristers will of course bring to the judge’s attention any cases that they feel are similar.
One thing the judge is most unlikely to consider is the position of the general boundary shown on Land Registry’s title plans for the parties’ respective properties.
The legal boundary by paper title is the obvious starting point for any boundary dispute trial. It is the job of the expert witness to interpret the original title deeds onto the ground so as to provide an expert (not legal) opinion as to its position.
It is often the case that the description of the boundary in the original title deeds (i.e. the first conveyance relating to the parcel of land) is ambiguous. Given that the boundary was created by the vendor who first sold the parcel of land, and that the conveyance is an expression of the original vendor’s intentions, the judge may wish to deduce (with help from the barristers, and/or the experts, and/or the witnesses of fact) what those intentions were.
In an attempt to uncover the original vendor’s intentions some judges will admit extrinsic evidence, such as contemporary documents (maps, planning drawings, photographs and aerial photographs).
Sometimes it is necessary, for lack of contemporary extrinsic evidence, to use more recent extrinsic evidence to identify the position of the legal boundary by paper title.
ARTICLE WRITTEN BY
PRISCILLAH MUNANGATIRE
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