Jones and another v Stones
Jones and another v Stones
- 1999
- Weekly Law Reports [1999] 1 WLR 1739-1746(8) .
CA 11 May 1999. The plaintiffs (J) and the defendant (S) disputed the ownership of a stone wall dividing their properties. In 1990 S placed flower pots and an oil tank on the wall, which J challenged in 1995, claiming trespass. S claimed the wall was a party wall. Although the judge held that the wall was owned by J, he ruled that their delay in challenging the trespass had meant that they acquiesed in it. J appealed. "Held" appeal allowed. Delay was not sufficient grounds for the defence of acquiescence.
ACQUIESCENCE
ESTOPPEL
TRESPASS
DELAY
Boundary disputes
BOUNDARY WALLS
JONES AND ANOTHER V STONES
CA 11 May 1999. The plaintiffs (J) and the defendant (S) disputed the ownership of a stone wall dividing their properties. In 1990 S placed flower pots and an oil tank on the wall, which J challenged in 1995, claiming trespass. S claimed the wall was a party wall. Although the judge held that the wall was owned by J, he ruled that their delay in challenging the trespass had meant that they acquiesed in it. J appealed. "Held" appeal allowed. Delay was not sufficient grounds for the defence of acquiescence.
ACQUIESCENCE
ESTOPPEL
TRESPASS
DELAY
Boundary disputes
BOUNDARY WALLS
JONES AND ANOTHER V STONES