LEGAL PRINCIPLE: LAND LAW — Declaration of Title — When Survey Plan Not Necessary

A survey plan is not mandatory in every land case. If the land is well known to both parties and there is no difficulty in identification, a declaration may be made without a plan. The principle applies where the land’s boundaries are clear and undisputed. The court can rely on oral descriptions and other evidence. The requirement for a survey plan is not absolute. The key is whether the land can be sufficiently identified. The rule prevents technical dismissal where identity is clear. The plaintiff must still prove identity by other means. The court may visit the locus to resolve doubts. The principle promotes substance over form.