Costelloe v Mortimer-Moore [2001] EWCA Civ 1213 (19 July 2001)

Costelloe v Mortimer-Moore [2001] EWCA Civ 1213 (19 July 2001)

The new plinth wall lies wholly within the boundary of No.79; Mrs Mortimer-Moore is estopped from complaining about the alleged encroachment due to her acquiescence; measurements in title deeds are not determinative in this context.

Citation
[2001] EWCA Civ 1213
Parties
Claimant/respondent: Kevin Matthew Costelloe; Defendant/applicant: Cicely Beatrice Mortimer-Moore
Jurisdiction
England and Wales
Judgment Date
19 July 2001
Procedural Posture
Civil Appeal / Permission to Appeal Against County Court Order
Outcome
Application for permission to appeal dismissed
Legal Topics
Boundary Disputes, Estoppel, Acquiescence, Expert Evidence
Property Law Boundary Disputes Estoppel Acquiescence Expert Evidence

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Parties

Kevin Matthew Costelloe

Claimant/respondent

Cicely Beatrice Mortimer-Moore

Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal Against County Court Order

Legal Issues

  1. 1 Whether the new plinth wall encroached on No.81
  2. 2 Whether Mrs Mortimer-Moore was estopped from complaining about the encroachment
  3. 3 Correct location of the boundary between No.79 and No.81

Ratio Decidendi

The new plinth wall lies wholly within the boundary of No.79; Mrs Mortimer-Moore is estopped from complaining about the alleged encroachment due to her acquiescence; measurements in title deeds are not determinative in this context.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Costs summarily assessed in the sum of £5,000 including VAT
  • Direction that the form of order be amended to reflect the boundary as found by the judge