000			01817cad a22001935a 4500
001			L139955
008			070822e20070316xxk f w 000 0 eng d
035			_a(Sirsi) u139955
041	0		_aeng
245	0	0	_aChilds and another v Vernon _h[electronic resource]
260			_c2007
520			_a[2007] EWCA Civ 305, 16 March 2007. The appellant property owner (V) appealed against boundary dispute decisions against the respondents (B) and (C). Before purchasing the freehold of his property, V had erected a lean-to. B complained it encroached upon her property. In the border dispute V claimed B had trespassed upon his property while B counterclaimed that V had damaged hers by encroachment. V's other neighbour C claimed that a fence built by V had encroached upon his land. V's contention that the boundaries could be established from original plans was rejected by the expert witness. It was held that V's fence was on C's land and that V's lean-to encroached upon B's land. V was instructed to remove the encroaching parts. "Held": It was improper that C had held discussions with the expert witness in the absence of V. However the decision regarding the fence was reached without the benefit of this evidence and was allowed to stand. V had not been property owner during the construction of his lean-to and so had acted for his landlord, not himself. Therefore although the decision regarding boundary was correct, the order to remove parts of the lean-to was quashed. Judgment accordingly.
590			_aKA
650	2	4	_aCHILDS AND ANOTHER V VERNON
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-PROPERTY MANAGEMENT-BOUNDARY DETERMINATION-BOUNDARIES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/305.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79144 _d79144