Renewed application for leave to appeal. Boundary dispute. Boundary agreement shown – leave refused.
Citations:
[2002] EWCA Civ 1287
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Neilson v Poole ChD 1969
Significance of Boundary agreements
The parties, neighbours, disputed the boundary between their gardens. In a conveyance of land where the plan is stated to be for identification purposes only, the effect of those words: ‘Seems . . to confine the use of the plan to ascertaining where . .
Distinguished – Penfold and Penfold v Cooke 1978
(New Zealand) There can be no boundary agreement unless it constitutes a genuine attempt to resolve a disputed boundary line. A boundary agreement gave one party as much as three quarters of an acre of land. The court thought that the judge was not . .
Mentioned – Burns and Burns v Morton CA 27-May-1999
The parties disputed the line of the boundary between their neighbouring properties.
Held: The appeal failed: ‘the conveyance in respect of each property refers to the wall between the properties as being a division or dividing wall. That . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 October 2022; Ref: scu.217525