Introduction On this page we are considering the following question: "Who owns the disputed land according to 'the deeds'?". That person is commonly known as the -paper owner-. A number of factors will be looked at but as will be seen the key point is to find the...
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Boundaries and Adverse Possession
Presumptions
This page is concerned with the hedge to ditch presumption and the hedge to hedge presumption. Hedge and ditch presumption Introduction The presumption is contained in this classic statement:"The rule about ditching is this. No man, making a ditch, can cut into his...
T-marks
Who owns the boundary feature? What do T marks mean? Seeckts v Derwent [2004] EWCA Civ 393 This was a dispute as to position of a boundary turning upon construction of a conveyance that used T-marks on the plan. There was some conflict between those T marks and...
Tidal waters
Foreshore Prescriptive right Lynn Shellfish Ltd v Loose [2016] UKSC 14 Summary The Supreme Court ruled on the extent of an exclusive prescriptive right to take cockles and mussels from a stretch of the foreshore. Facts The proprietor of land adjoining the foreshore...