Alan Wibberley Building Ltd v Insley
Alan Wibberley Building Ltd v Insley
- 1999
- Estates Gazette Law Reports 24 EG 160-164(5) .
HL 29 April 1999. The appellant (I) acquired land from PB by conveyance. PB's title was a conveyance of 1975, the schedule to which described the land by reference to OS enclosure numbers. The respondent's (W's) title was by verbal description without reference to OS numbers. I's land was separated by a hedge and ditch from W's adjoining land, the ditch being on W's side of the hedge. In 1987, I removed the hedge and erected a fence along the old line on the far lip of the ditch. W brought proceedings against I for trespass. I's appeal was dismissed by the CA, upholding the previous decision that the boundary ran along the centre of the hedge. I appealed. "Held" appeal allowed. There was no evidence to displace the hedge and ditch presumption: the boundary ran along W's side of the ditch.
Boundary disputes
Boundary disputes
CONVEYANCE
HL 29 April 1999. The appellant (I) acquired land from PB by conveyance. PB's title was a conveyance of 1975, the schedule to which described the land by reference to OS enclosure numbers. The respondent's (W's) title was by verbal description without reference to OS numbers. I's land was separated by a hedge and ditch from W's adjoining land, the ditch being on W's side of the hedge. In 1987, I removed the hedge and erected a fence along the old line on the far lip of the ditch. W brought proceedings against I for trespass. I's appeal was dismissed by the CA, upholding the previous decision that the boundary ran along the centre of the hedge. I appealed. "Held" appeal allowed. There was no evidence to displace the hedge and ditch presumption: the boundary ran along W's side of the ditch.
Boundary disputes
Boundary disputes
CONVEYANCE