Principle

CIVIL PROCEDURE – Survey Plans – Failure to File Undertaken Plan Not Fatal Where Sufficient Evidence Exists

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Survey plan undertakings in pleadings don't create absolute obligations when: identity/extent of land isn't contested between parties, the undertaking is superfluous (unnecessary), and sufficient other evidence establishes land identity/extent. Courts assess: is identity/extent actually in dispute? is there sufficient evidence (oral testimony about boundaries, physical…

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