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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> (1) Kalyana Rao Bhantrai (2) Vidurya Bai Bhantrai v (1) Stephen Crispian Tompkin (2) Patricia Ann Tompkin (Practice and Procedure : Practice and Procedure) [2019] UKFTT 49 (PC) (21 December 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/49.html
Cite as: [2019] UKFTT 49 (PC)
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Decision summary
REF/2017/0662
| Case reference | REF/2017/0662 |
|---|---|
| Date of decision | 21/12/2018 |
| Adjudicator | Dr Anthony Verduyn |
| Applicant | (1) Kalyana Rao Bhantrai (2) Vidurya Bai Bhantrai |
| Respondent | (1) Stephen Crispian Tompkin (2) Patricia Ann Tompkin |
| Main Category & Sub Category | |
| Category | Practice and Procedure |
| Sub Category | Power to order specified entry on register of affected title(s) |
| Secondary Category & Sub Category | |
| Category | Boundary dispute |
| Sub Category | Inferences to be drawn from surrounding circumstances |
| Decision notes | [2019] UKFTT 49 (PC). Determined boundary dispute on an estate laid out in the 1980s. The layout plan was appended to the transfer without regard to variations from the original scheme and copied at such a scale and so many times as not to be sufficiently clear in its content. The only expert was for the Applicants and opted for a “fair” division close to, but not quite according with, features on the ground. Application dismissed (but boundary to be noted) with a finding that features on the ground provided the detail missing from the plan and a replacement fence was correctly located along the boundary and could be plotted for the purposes of a new application, if the Respondents so chose - interpretation of conveyances, the status of plans and any inferences from T marks. |
| Download decision(s) | [2019] UKFTT 49 (PC) |