Kupfer Kupfer v Dunne: CA 7 Nov 2003

Neighbours disputed the exact boundary between their houses. An extension and fence had been built. The judge had declared the boundary, and ordered the removal of fence posts.
Held: Such a dispute should be resolved by reference to indications on the land rather than principally by reliance upon the impression given by the parties. It had been wrong to interpret a boundary line as bent rather than straight where there was no evidence to support such a conclusion. The appeal succeeded.

Judges:

Lord Justice Clarke Lord Justice Pill Lord Justice Rix

Citations:

[2003] EWCA Civ 1549

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedAlan 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: 31 October 2022; Ref: scu.187700