Seeckts v Derwent & Anor [2004] EWCA Civ 393 (30 March 2004)

Seeckts v Derwent & Anor [2004] EWCA Civ 393 (30 March 2004)

The ordinary implication of T-marks on the conveyance plan, supported by evidence of a hedge at the relevant time, established that the disputed boundary features belonged to Clock House. The dimensions on the plan did not provide a sufficiently clear indication to override the implication of the T-marks. The judge was correct to find in favour of the claimant regarding ownership of the hedge, but exceeded his jurisdiction in ordering the precise boundary to be fixed absent agreement between the parties.

Citation
[2004] EWCA Civ 393
Parties
Claimant/respondent: Robert Cecil Seeckts; Defendant/appellant: Paul Derwent; Defendant/appellant: Janet Derwent
Jurisdiction
England and Wales
Judgment Date
30 March 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed except as to paragraph 2 of the order, which is remitted to the lower court.
Legal Topics
Boundary Disputes, Interpretation of Conveyance, Ownership of Boundary Features
Property Law Boundary Disputes Interpretation of Conveyance Ownership of Boundary Features

Case Brief

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Parties

Robert Cecil Seeckts

Claimant/respondent

Paul Derwent

Defendant/appellant

Janet Derwent

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Correct interpretation of the 1968 conveyance and attached plan to determine ownership of boundary hedge and precise boundary line between Clock House and Linden House

Ratio Decidendi

The ordinary implication of T-marks on the conveyance plan, supported by evidence of a hedge at the relevant time, established that the disputed boundary features belonged to Clock House. The dimensions on the plan did not provide a sufficiently clear indication to override the implication of the T-marks. The judge was correct to find in favour of the claimant regarding ownership of the hedge, but exceeded his jurisdiction in ordering the precise boundary to be fixed absent agreement between the parties.

Court Disposition

Appeal dismissed except as to paragraph 2 of the order, which is remitted to the lower court.

Orders

  • Declaration that claimant is owner of the boundary features including hedges, trees, fences, and walls surrounding Clock House, specifically the land upon which the line of yew trees, hollies, and laurel hedge grew between points A-B-C-D on the claim plan.
  • Damages awarded to claimant in the sum of £1,500.