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:
Jurisdiction:
England and Wales
Citing:
Cited – 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: 31 October 2022; Ref: scu.187700
