Strachey v Ramage [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 384, 18 April 2008. Considers the legal principles relevant to a boundary dispute neighbouring landowners. The appellant (S) and respondent (R) were in possession of areas of land which had been in common ownership before being sold to their predecessor landowners. Since 1988 a fence had served as the physical boundary between the parcels of land. However the 2008 conveyancing document described a boundary which gave R more land. S had argued that the conveyance was for the purposes of identification only and was not to be construed as an exact boundary distinction. Further, that in any case she and her predecessor had been in adverse possession for over 12 years. The judge found for R on both counts, and S appealed. "Held": The conveyancing document's plan did not follow any physical feature for the division of the parcels of land. Accordingly it could not be used to determine the case. The judge had misdirected himself as to the applicable principles. A clause in the conveyance provided the answer, which was that the fence marked the boundary. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 143604-1001 |
[2008] EWCA Civ 384, 18 April 2008. Considers the legal principles relevant to a boundary dispute neighbouring landowners. The appellant (S) and respondent (R) were in possession of areas of land which had been in common ownership before being sold to their predecessor landowners. Since 1988 a fence had served as the physical boundary between the parcels of land. However the 2008 conveyancing document described a boundary which gave R more land. S had argued that the conveyance was for the purposes of identification only and was not to be construed as an exact boundary distinction. Further, that in any case she and her predecessor had been in adverse possession for over 12 years. The judge found for R on both counts, and S appealed. "Held": The conveyancing document's plan did not follow any physical feature for the division of the parcels of land. Accordingly it could not be used to determine the case. The judge had misdirected himself as to the applicable principles. A clause in the conveyance provided the answer, which was that the fence marked the boundary. Appeal allowed.