Proving Property Boundaries
(2013) 77 Conveyancer and Property Lawyer 395-402
University of Hong Kong Faculty of Law Research Paper No. 2013/024
6 Pages Posted: 28 May 2013 Last revised: 20 Jan 2014
Date Written: March 27, 2013
Abstract
The article sketches the legal principles of construing root conveyances. Against this background, it identifies and analyses the major evidential issues facing the court. It concludes by reflecting on the role of lawyers in resolving property boundary disputes. It argues that apart from adducing relevant evidence at trial, lawyers are instrumental in preventing such disputes and advising clients on using the appropriate dispute resolution process. It proposes that mediation will prevail over litigation, as human behaviour and sentiment are at issue and a solution that satisfies the parties as neighbours is more apt than a judicially imposed result.
Keywords: Real Property, Boundary Disputes, Parcels Clause, Title Plans, Extrinsic Evidence
Suggested Citation: Suggested Citation