The land of both parties had been in common ownership. The first plot to be conveyed was sold by a conveyance which set out by reference to the numbers on an Ordnance map the different parcels with their description and acreage. The second conveyance to the plaintiff was of ‘land . . Containing . . 3.261 acres . . numbered 214 on the Ordnance Survey map . . Which . . by way of identification only is delineated on the plan drawn whereon.’ That conveyance even more closely linked the sale to the Ordnance Survey.
Held: The effect of expert evidence was that a hedge or a fence is the boundary taken by the Ordnance Survey to delimit parcels shown on the maps. Where the party’s title derives from a document which refers to the Ordnance map, it is necessary to look at the Ordnance map and ascertain where the boundary on that map is truly positioned. The boundary referred to on the Ordnance Survey map is the centre line of the hedge and the fence. The OS map is sufficient to establish the line.
Judges:
Sir Wilfrid Greene MR, MacKinnon L.J
Citations:
[1939] 1 KB 666, [1939] 2 All ER 144, 108 LJ KB 473, 160 LT 347, 55 TLR 553, 83 Sol Jo 192
Jurisdiction:
England and Wales
Cited by:
Applied – Davey v Harrow Corporation CA 1957
The Plaintiff’s house was damaged by roots penetrating from trees on adjoining land. At first instance, Sellers J found that the damage was caused by the trees, but they were not proven to be the property of the defendants. On appeal and after . .
Not followed – Alan Wibberley Building Ltd v Insley CA 12-Nov-1997
Where adjoining fields are separated by a hedge and a ditch, who owns the ditch?
Held: The old presumption as to the location of a boundary based on the layout of hedges and ditches is irrelevant where the conveyance was by reference to an OS . .
Disapplied – Alan Wibberley Building Ltd v Insley HL 24-Mar-1999
The parties disputed ownership of a strip of land between a garden and a farm. The land was registered. There was a hedge and a ditch along the disputed boundary, it had been conceded in the Court of Appeal that a conveyance of land on the hedge . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 23 March 2022; Ref: scu.183675