Seeckts v Derwent
Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 293, 30 March 2004. Dispute between the defendants (D) and the claimant (S) over a hedge between their properties. D appealed against the County Court decision that S was the owner of the hedge destroyed by D, the grant awarding damages to S and an injunction to restrain further trespass by D. The properties had been divided in 1968 by a conveyance and ownership of the hedge rested on a map from that conveyance. The County Court had decided that ownership of the hedge was determined by T-marks but D contended that not enough weight had been given to the dimensions in the map. "Held": that there was a hedge on the boundary and that the T-marks are normally understood to represent a boundary. The dimensions from the map were probably intended to provide a general indication of the boundary. Appeal dismissed. View judgment at www.courtservice.gov.uk.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67684 (Browse shelf(Opens below)) | 1 | Available | 125780-1001 | |
| Law report | Virtual Online | ONLINE (Browse shelf(Opens below)) | 1 | Available | 125780-2001 |
[2004] EWCA Civ 293, 30 March 2004. Dispute between the defendants (D) and the claimant (S) over a hedge between their properties. D appealed against the County Court decision that S was the owner of the hedge destroyed by D, the grant awarding damages to S and an injunction to restrain further trespass by D. The properties had been divided in 1968 by a conveyance and ownership of the hedge rested on a map from that conveyance. The County Court had decided that ownership of the hedge was determined by T-marks but D contended that not enough weight had been given to the dimensions in the map. "Held": that there was a hedge on the boundary and that the T-marks are normally understood to represent a boundary. The dimensions from the map were probably intended to provide a general indication of the boundary. Appeal dismissed. View judgment at www.courtservice.gov.uk.