Burns and another v Morton (Record no. 62793)

MARC details
000 -LEADER
fixed length control field 02045cam a2200205 4500
001 - CONTROL NUMBER
control field ABS61858
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 000000n2000 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u104658
245 ## - TITLE STATEMENT
Title Burns and another v Morton
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2000
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2000] 06 WLR 347-369(23)
520 ## - SUMMARY, ETC.
Summary, etc. CA 27 May 1999. In 1965 a plot of land was conveyed to the plaintiff's predecessor (B) in title. The conveyance contained a provision that the division garden wall or fence forming the boundary between the two plots was to be a party wall or fence to be erected "as to one half of the thickness thereof on the property hereby conveyed and as to the other half thereof on the adjoining land now or formerly as to the other half thereof on the adjoining land now or formerly of the vendor." In 1967 the adjoining plot was conveyed to the defendant's predecessor (M) in title by a conveyance which contained a similar provision. A fence was erected along the boundary line between the two plots and became a dividing fence and a party fence. M purchased his property in 1977 and in 1979 he removed the fence and built a wall in its place about six inches on his side of the fence which had previously demarcated the boundary line. B's predecessors thereafter planted leylandii trees on their side of, but very close to, the wall. In 1990 B purchased their property. Disputes arose concerning the Leylandii trees. M claimed that the trees encroached on their land and clipped and pruned them. B claimed that M had entered their land without permission to carry out those works and brought an action for trespass. The judge held that the boundary between the properties had by implied agreement in 1979 been altered so that the new wall had become a party wall demarcating the boundary and awarded damages for trespass. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TRESPASS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BOUNDARY FENCES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONVEYANCING
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Party walls
9 (RLIN) 6258
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Boundary disputes
9 (RLIN) 6221
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 10/03/2000   ABS61858 104658-1001 06/08/2019 1 06/08/2019 Journal article