When Plans and Measurements Differ

When property boundaries as marked by 'T' marks on the plans appear to differ slightly from the boundaries calculated by measurement, which will prevail? Whilst each case is decided on the facts, a recent attempt to disregard the 'T' marks indicating a boundary hedge failed. The marks indicated a 'natural boundary feature' (the hedge) on the plan attached to the conveyance. In the Court’s view, the marks were intended to represent existing boundary features and the measurements did not provide a sufficiently clear indication to displace that assumption.

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