Burch & Anor v Nelson (Determined Boundary application - whether boundary capable of being determined with required precision on evidence available) [2026] UKFTT 303 (PC) (23 February 2026)
There is insufficient evidence from the conveyance, plan, or physical features to determine the exact location of the disputed boundary with the required precision; therefore, the application must be refused.
Source-derived case information.
- Citation
- [2026] UKFTT 303 (PC)
- Parties
- Applicants: Donald Stephen Ashmoor Burch & Barbara Burch; Respondent: Grahame Michael Nelson
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 2026
- Procedural Posture
- Determined Boundary Application / Judgment After Hearing
- Outcome
- Application refused; boundary not determined.
- Legal Topics
- Boundary Determination, Land Conveyancing, Evidentiary Requirements
Source-derived case record
Summary, issues, holding and outcome
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Parties
Donald Stephen Ashmoor Burch & Barbara Burch
Applicants
Grahame Michael Nelson
Respondent
Procedural Posture
Determined Boundary Application / Judgment After Hearing
Legal Issues
- 1 Whether the boundary between the parties' properties can be determined with the required precision based on the available evidence
Ratio Decidendi
There is insufficient evidence from the conveyance, plan, or physical features to determine the exact location of the disputed boundary with the required precision; therefore, the application must be refused.
Court Disposition
Application refused; boundary not determined.
Orders
- Chief Land Registrar directed to cancel the Burches' application for determination of the boundary.
- Directions given for parties to make submissions on costs.
Full Case Text
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