In Ali v Lane & Anr [2006] EWCA Civ 1532, the parties came up with three possible lines and asked the Court to decide which was the right one. The Court chose one, in large part in reliance on evidence which was external to the actual conveyancing documents. More
Extrinsic Evidence must be Probative
27 Feb 2013 Leave a comment
in Boundaries, Law Tags: Ali v Lane, extrinsic evidence, Ip Shang v Li Kuen Po
Consultation Paper on Adverse Possession (10)
25 Dec 2012 7 Comments
in Boundaries Tags: certificate of compliance, Determination of Boundaries, General Conditions of Sale, GN Conditions of Sale, House of Dior Limited v David Lam, Ip Shang v Li Kuen Po, New Grant Lot
The problems of New Grant Plans (Continued)
Determination of Boundaries under General Conditions of Sale
A standard clause in the General Conditions of Sales of a New Grant Lot before 1980’s used to read as:
“The exact area, boundaries and measurements of each lot shall be determined before the issue of the Crown Lease and the Premium and Crown Rent shall be when adjusted in accordance with the area and the amounts of Premium and Crown Rent at which the lot was sold.”