Buxton v M J Hillson and Associates and Bedfordshire Pilgrims Housing Association
Buxton v M J Hillson and Associates and Bedfordshire Pilgrims Housing Association
- 2006
[2006] EWHC 276 (QB), 20 February 2006. Concerns the refusal of an injunction to an applicant who sought to re-litigate matters concerning a boundary dispute which had already been determined. B applied for an interim injunction against H and P to stop all building activities on land he asserted to be his and also land which he claimed to have a pre-emptive right to buy. B purchased his property in 1976 from Milton Keynes Development Corporation with an agreement on its boundaries incorporated into a plan attached to the sales contract and conveyance. B began a series of proceedings alleging that corporation staff had redrawn the boundaries with a view to selling the adjoining properties, usurping land which had already been sold to him. B based his case upon a map referred to as the original contract map. "Held": injunction refused and claim struck out. The original contract map relied upon by B was almost identical to the map attached to the conveyance. The fences and walls built by B to enclose his property were clearly outside his own boundaries judged by either map. There was no proper basis to challenge the declaration made as to the property's boundaries in the previous proceedings.
BUXTON V M J HILLSON AND ASSOCIATES AND ANOTHER
[2006] EWHC 276 (QB), 20 February 2006. Concerns the refusal of an injunction to an applicant who sought to re-litigate matters concerning a boundary dispute which had already been determined. B applied for an interim injunction against H and P to stop all building activities on land he asserted to be his and also land which he claimed to have a pre-emptive right to buy. B purchased his property in 1976 from Milton Keynes Development Corporation with an agreement on its boundaries incorporated into a plan attached to the sales contract and conveyance. B began a series of proceedings alleging that corporation staff had redrawn the boundaries with a view to selling the adjoining properties, usurping land which had already been sold to him. B based his case upon a map referred to as the original contract map. "Held": injunction refused and claim struck out. The original contract map relied upon by B was almost identical to the map attached to the conveyance. The fences and walls built by B to enclose his property were clearly outside his own boundaries judged by either map. There was no proper basis to challenge the declaration made as to the property's boundaries in the previous proceedings.
BUXTON V M J HILLSON AND ASSOCIATES AND ANOTHER