000 01897cam a2200193 4500
001 L137334
008 070329s2007 xxk f 000 0 eng d
035 _a(Sirsi) u137334
041 0 _aeng
245 0 0 _aWillsher v Scott and Ors
_h[electronic resource]
260 _c2007
520 _a[2007] EWCA Civ 195, 15 March 2007. The appellant appealed against a decision determining the location of boundary lines between his land and land owned by the respondent. The respondent erected a wall at the bottom of a bank on the northern boundary of his land. The respondent claimed that the wall had been erected in the same position as a fence that he had been required by the conveyance to erect on the intended boundary line. The appellant commenced proceedings claiming that the correct northern boundary was on top of the bank, and also claiming that the eastern boundary was in the wrong place. The judge found in favour of the respondent in respect of the northern boundary, and decided that the eastern boundary was along a line suggested by a jointly instructed expert. The appellant argued that the judge had contradicted himself by concluding that the northern boundary was as described by the joint expert, while also accepting that the boundary was as contended for by the respondent, as they differed as to the ownership of a parcel of land. "Held": the judge had proceeded on a false basis, that on the northern boundary issue the respondent 's evidence and the expert's evidence were the same, and had overlooked the fact that the expert had attributed ownership of the parcel of land to the appellant.
590 _aKA
650 2 4 _aWILLSHER V SCOTT
651 4 _aEngland
_y886-
690 _aPROPERTY-PROPERTY MANAGEMENT-BOUNDARY DETERMINATION
856 4 8 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/195.html
_zView the item free of charge at www.bailii.org...
942 _n0
999 _c106735
_d106735