||All England Reporter
|| All ER (D) 331 (Nov)
||Court of Appeal, Civil Division
Tuckey, Jonathan Parker and Wilson LJJ
||James Howlett (instructed by SGC, Nottingham) for the claimants.
||Anthony Verduyn (instructed by Wilkes Partnership, Birmingham) for the defendants.
||24 November 2005
Boundary - Conveyance - Dividing wall - Judge finding claimants entitled to disputed land by adverse possession - Judge making findings as to length of wall extending into defendants' property - Fresh evidence - Whether judge entitled to come to his conclusions.
In the instant case, essentially concerning a boundary dispute, the judge had been entitled to find that the claimants had acquired title to an area of disputed land by adverse possession. However, in the light of fresh evidence in the form of a photograph, the judge's decision in respect of how much of the boundary wall extended onto the defendants' land would be remitted for reconsideration.
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