Source: All England Reporter
Publisher Citation: [2012] All ER (D) 175 (Oct)
Court: Court of Appeal, Civil Division

Arden, Sullivan and Patten LJJ (judgment delivered extempore)

Representation Michael Norman (instructed by William Graham Law Limited, Cardiff) for the claimant.
  Mrs Simmons appeared in person for the defendants.
Judgment Dates: 16 October 2012


Land - Right in, to or on property conveyed - Boundary - Dispute - Parties in dispute regarding boundary between two properties - Claimant issuing proceedings - Judge reviewing correspondence between parties regarding negotiations to agree boundary - Judge finding no boundary agreement entered into by parties - Defendant appealing - Whether judge erring in finding no binding boundary agreement.

The Case

Land Right in, to or on property conveyed. The defendant appealed against declarations as to the boundary between the parties' properties, asserting that the judge had erred in his appraisal of the correspondence in finding that there had been no binding boundary agreement. The Court of Appeal, Civil Division, dismissed the appeal on the ground that, on the evidence, there had been no binding agreement.

Practice Areas

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