The Doctrine of Practical Location is a rule that assists uncertain neighbours in determining their property lines. If they reach an agreement on the boundary and have been using it for an extended period, it becomes the official boundary, known as the agreed-boundary doctrine or the doctrine of practical location. This means that if neighbours agree on and use a boundary for a long time, it becomes the official boundary.
The Agreed-Boundary Doctrine, also referred to as the Doctrine of Practical Location, is a principle utilised by neighbouring landowners to settle any doubts regarding land boundaries by establishing permanent boundaries through mutual agreement. In the event that two neighbours are uncertain about the precise location of their property line, they may come to an agreement on a boundary line and physically mark it on the ground. If both parties acknowledge and utilise this boundary line for a specific period of time, it becomes legally binding. This doctrine is founded on the belief that it is preferable to have a well-defined and mutually agreed-upon boundary line rather than to have ongoing conflicts and uncertainty.
The Doctrine of Practical Location is a legal principle that allows for the establishment of property boundaries based on the actual use and occupation of the land, rather than relying solely on the description in a deed or survey.
Unlike other methods that rely on written descriptions or surveys, the Doctrine of Practical Location takes into account the actual use and occupation of the land over a significant period of time.
The length of time required for the Doctrine of Practical Location to apply can vary depending on the jurisdiction and specific circumstances. However, it generally requires a continuous and consistent use for a substantial period, typically ranging from 10 to 20 years.
No, the Doctrine of Practical Location may not be applicable in all cases. It is typically used when there is ambiguity or uncertainty regarding the exact location of property boundaries and when there is evidence of long-standing and consistent use.
To support a claim under the Doctrine of Practical Location, evidence such as historical records, witness testimonies, photographs, maps, and other relevant documentation may be required. The evidence should demonstrate the consistent and long-standing use of the land in question.
In some cases, the Doctrine of Practical Location can override a written deed or survey if it can be proven that the actual use and occupation of the land differ from the description in the deed or survey. However, this will depend on the specific circumstances and the laws of the jurisdiction.
If there is a dispute regarding the application of the Doctrine of Practical Location, it may be necessary to seek legal assistance. A court will consider the evidence presented by both parties and make a determination based on the applicable laws and precedents.
While the Doctrine of Practical Location and adverse possession share some similarities, they are distinct legal concepts. Adverse possession typically requires exclusive and hostile possession of the land, whereas the Doctrine of Practical Location focuses on the establishment of property boundaries based on actual use and occupation.
Yes, the Doctrine of Practical Location can be used to resolve boundary disputes between neighbors if there is evidence of long-standing and consistent use that differs from the written descriptions or surveys. It can help establish a practical boundary that reflects the actual use of the land.
The recognition and application of the Doctrine of Practical Location can vary between jurisdictions. Some jurisdictions may have specific statutes or case law that explicitly recognize and apply the doctrine, while others may not have a formalized doctrine but may consider similar principles in resolving boundary disputes. It is important to consult local laws and seek legal advice specific to the jurisdiction in question.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/doctrine-of-practical-location/
- Modern Language Association (MLA):Doctrine Of Practical Location. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/doctrine-of-practical-location/.
- Chicago Manual of Style (CMS):Doctrine Of Practical Location. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/doctrine-of-practical-location/ (accessed: May 09 2024).
- American Psychological Association (APA):Doctrine Of Practical Location. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/doctrine-of-practical-location/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts