Gillon v Baxter & Anor

Gillon v Baxter & Anor

The judge was entitled to find, based on the imprecision of the 1985 transfer plan and the physical features on the ground, that the boundary lay along the fence line E to F, as this reflected the parties' likely intentions and the only practical access to the disputed field.

Parties
Claimant/appellant: Robin Walter Browning Gillon; Defendant/respondent: John David Baxter; Defendant/respondent: Lucille Baxter
Jurisdiction
England and Wales
Judgment Date
10 October 2003
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Dispute, Land Transfer, Interpretation of Title Deeds
Property Law Boundary Dispute Land Transfer Interpretation of Title Deeds

Case Brief

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Parties

Robin Walter Browning Gillon

Claimant/appellant

John David Baxter

Defendant/respondent

Lucille Baxter

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Where does the boundary lie between Sidbrook Farm and Lower Knapp Farm according to the paper title?

Ratio Decidendi

The judge was entitled to find, based on the imprecision of the 1985 transfer plan and the physical features on the ground, that the boundary lay along the fence line E to F, as this reflected the parties' likely intentions and the only practical access to the disputed field.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed with costs to be subject to detailed assessment