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Title documents and physical boundary markers appear to disagree — which should prevail?
Discussion in 'Land Law' started by John, 24 Aug 2026.
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What's your take on this — what experience or question can you share?
Scenario: A property dispute arises between two neighbours. The title documents show the boundary in one location, but physical boundary markers (a fence and a hedge) have been in a different location for many years. Both parties claim ownership of the strip of land between the two boundaries.
Question: Which should prevail — the title documents or the physical boundaries? What principles would you examine, and how have courts resolved similar disputes? Does the length of time the physical boundary has been in place affect the analysis?
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