Flack v Lanzante [2002] EWCA Civ 1287 (28 August 2002)

Flack v Lanzante [2002] EWCA Civ 1287 (28 August 2002)

The parties' agreement as to the line of the fence and wall constituted a binding boundary agreement, and the claimant was estopped from resiling due to the defendant's detrimental reliance.

Citation
[2002] EWCA Civ 1287
Parties
Claimant/applicant: Norma Eleanor Genevieve Flack; Defendant/respondent: Pasquale Lanzante
Jurisdiction
England and Wales
Judgment Date
28 August 2002
Procedural Posture
Civil Appeal / Renewed Application for Leave to Appeal
Outcome
Permission to appeal refused
Legal Topics
Boundary Disputes, Boundary Agreements, Proprietary Estoppel
Property Law Equity Boundary Disputes Boundary Agreements Proprietary Estoppel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Norma Eleanor Genevieve Flack

Claimant/applicant

Pasquale Lanzante

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Leave to Appeal

Legal Issues

  1. 1 Whether there was a binding boundary agreement as to the location of the wall and fence
  2. 2 Whether the claimant is estopped from resiling from the agreement
  3. 3 Whether detriment was suffered by the defendant sufficient to found an estoppel

Ratio Decidendi

The parties' agreement as to the line of the fence and wall constituted a binding boundary agreement, and the claimant was estopped from resiling due to the defendant's detrimental reliance.

Court Disposition

Permission to appeal refused

Orders

  • Application for leave to appeal dismissed