Ascertaining a boundary

More and more frequently, courts are admitting into evidence the subsequent conduct of adjacent owners (i.e. after creation of the boundary) to determine the precise location of a boundary between the owners’ properties. See Bradford v James [2008] EWCA Civ 837 where Mummery LJ states that “extrinsic evidence of surrounding circumstances and subsequent acts, though not admissible to contradict or vary the [original] conveyance plan, is admissible to clarify the aspects of it relating to the position of the boundary.” Full practical analysis of this case will appear in the August issue of the CPI Update. The case itself is at: http://www.bailii.org/ew/cases/EWCA/Civ/2008/837.html