Boundary Agreement Precedent Plc
Rather, the distinction between an agreement with an elimination effect and an agreement with an elimination purpose seems to be a tense interpretation of section 2. The courts seem to be doing everything in their power to maintain border agreements despite their common formality. The reason given is that border agreements are «an act of peace» that generally serves to avoid disputes and, to the extent possible, to be maintained. The parties agree that the legal boundary between the country, within their respective registered titles, which runs from the point marked «A» to the point «B» on the annexed plan, as shown by the red line between these points. This argument also applied to Section 2. Therefore, for a border agreement to be an agreement to which Section 2 applies, the objective of the parties to the conclusion of the agreement must be that it leads to a sale or other transfer of a land interest. § 2 would not be applicable solely because the contract had the effect of transferring a land interest if the parties did not intend to make such a transfer. As you can see, border disputes are in trouble, and in most cases, the legal costs will dwarf the value of the land itself. In recent years, there have been calls for a more refined and costly process to resolve border disputes or, at the very least, to limit problems before they find their way to court. The only undetermined way to register a boundary agreement is to go to the land registry to determine the boundaries. This is a formal procedure that would precede an agreement between neighbouring landowners. According to the provision, the limits are set in such a way that they are no longer general borders. Applying that reasoning to the compromise agreement in the present case, it was not sufficient that the agreement had a deterrent effect.
To order section 2, it must also have an elimination purpose. This has not been established in this case. The compromise agreement was therefore not covered by section 2 and was valid, even if it was only oral. The applicants` appeal was dismissed. In the second type, the parties do nothing but identify on the spot what the title documents describe in words or on a plan. Nothing is transferred (at least deliberately) — the agreement must be identified or delimited, cannot be transmitted. This type of agreement is not a land transfer contract. Second, even if the intruder has built a structure over the border, there is no guarantee that the injured party will receive the injunction they seek for its demolition.
Harrow LBC vs. Donohue  1 EGLR 257 provides that courts cannot refuse an injunction if a claimant has been expropriated from the country to which he or she is entitled (the relationship appears to be based on the fact that it would be unacceptable to sanction the expropriation of the applicant`s country). You cannot use a border agreement to sell or give away part of your country to your neighbour. If you want to understand a border dispute, you are well advised to consider mummery LJ`s judgment in Pennock v Hodgson  EWCA Civ 873, which sets out the law concisely and skillfully and begins with the simple sentence: «How to interpret a transfer.» To determine the position of a border, the court`s task is to determine the historical boundary at the time of the first transmission (i.e. when the country was first divided). When interpreting this transfer, the Tribunal must respect different principles. It must ultimately consider what a reasonable person, who is in the parties` position, would have mean by this with objective expertise in the matter. .