Steward v Gallop & Anor

The appeal is allowed because the trial judge misdirected herself regarding the significance of the 1915 Deed and its plan, failed to properly analyse and apply the hedge and ditch presumption, and did not address the adverse possession defence. The case is remitted for a new trial to resolve these issues based on a proper evaluation of all relevant evidence and legal principles.

Parties: Claimant/respondent: William Edward Steward; Defendant/appellant: Harold James Gallop; Defendant/appellant: Victoria Kathryn Gallop
Jurisdiction: England and Wales
Judgment Date: 27 July 2010
Procedural Posture: Civil Appeal / Appeal From County Court Judgment After Trial
Outcome: Appeal allowed; judgment set aside; case remitted for new trial.
Legal Topics: Boundary Disputes, Adverse Possession, Hedge and Ditch Presumption, Land Registration, Evidentiary Standards, Judicial Bias

Property Law Civil Procedure Boundary Disputes Adverse Possession Hedge and Ditch Presumption Land Registration Evidentiary Standards Judicial Bias

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3

Parties

William Edward Steward

Claimant/respondent

Harold James Gallop

Defendant/appellant

Victoria Kathryn Gallop

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment After Trial

Legal Issues

1 What is the correct boundary between the parties' properties?
2 Does the hedge and ditch presumption apply to the disputed boundary?
3 Was there adverse possession by either party or their predecessors?

Ratio Decidendi

Court Disposition

Appeal allowed; judgment set aside; case remitted for new trial.

Orders

Recorder's order set aside
Case remitted to county court for retrial