Konstantinidis v Townsend [2003] EWCA Civ 538 (20 March 2003)

Konstantinidis v Townsend [2003] EWCA Civ 538 (20 March 2003)

The eastern boundary is determined by a straight line between the point where the yellow line on the 1998 order plan meets the western face of the northern pillar of the 1994 wall (point X) and the point where the line of posts and chain intersected with the 1988 wall (point Y), based on the property register, physical features in 1990, and the 1998 order.

Citation
[2003] EWCA Civ 538
Parties
Respondent/claimant: Raymond Konstantinidis; Appellant/defendant: Philip Giles Townsend
Jurisdiction
England and Wales
Judgment Date
20 March 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; order of judge set aside; boundary declared as specified.
Legal Topics
Boundary Disputes, Land Registration, Construction of Conveyances
Property Law Boundary Disputes Land Registration Construction of Conveyances

Case Brief

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Parties

Raymond Konstantinidis

Respondent/claimant

Philip Giles Townsend

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 What is the correct eastern boundary between No 6 Further Granary Cottages and Wood Dalling Hall?
  2. 2 Did the 1998 order determine the eastern boundary?
  3. 3 What is the effect of physical features and documentary evidence on boundary determination?

Ratio Decidendi

The eastern boundary is determined by a straight line between the point where the yellow line on the 1998 order plan meets the western face of the northern pillar of the 1994 wall (point X) and the point where the line of posts and chain intersected with the 1988 wall (point Y), based on the property register, physical features in 1990, and the 1998 order.

Court Disposition

Appeal allowed; order of judge set aside; boundary declared as specified.

Orders

  • Order of judge set aside.
  • Boundary declared to be a straight line from point X to point Y.