Gillon v Baxter & Anor [2003] EWCA Civ 1591 (10 October 2003)

Gillon v Baxter & Anor [2003] EWCA Civ 1591 (10 October 2003)

Where a transfer plan is too small in scale and imprecise to delineate the boundary, the court must look to the physical features on the ground at the time of the transfer to determine the parties' intentions; in this case, the fence line E to F was the intended boundary.

Citation
[2003] EWCA Civ 1591
Parties
Claimant/appellant: Robin Walter Browning Gillon; Defendant/respondent: John David Baxter; Defendant/respondent: Lucille Baxter
Jurisdiction
England and Wales
Judgment Date
10 October 2003
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Boundary Dispute
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Construction of Conveyances, Interpretation of Plans, Easements and Rights of Way, Costs
Property Law Land Law Boundary Disputes Construction of Conveyances Interpretation of Plans Easements and Rights of Way Costs

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Parties

Robin Walter Browning Gillon

Claimant/appellant

John David Baxter

Defendant/respondent

Lucille Baxter

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Boundary Dispute

Legal Issues

  1. 1 Where is the legal boundary between Sidbrook Farm and Lower Knapp Farm according to the 1985 transfer?
  2. 2 How should a boundary be determined when the transfer plan is imprecise?

Ratio Decidendi

Where a transfer plan is too small in scale and imprecise to delineate the boundary, the court must look to the physical features on the ground at the time of the transfer to determine the parties' intentions; in this case, the fence line E to F was the intended boundary.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed with costs to be subject to detailed assessment