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 certain dimensions in the conveyance. The question was whether or not the hedge between the two properties belonged to one party or the other. The natural implication of the T-marks was that the hedge belonged to the claimant and this was consistent with other evidence in the case.

    "The Clock House boundaries are marked with T symbols positioned inwards which in accordance with normally recognised convention, and without specific evidence to the contrary, would show any feature on the boundary to be in the ownership of the Clock House." (Note from the evidence of the surveyor repeated in the judgment of Carnwarth LJ at para 15).

The dimensions in the conveyance did not rebut the implication arising from the T marks and the other evidence.

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