Walton v Spectrum Investments Ltd. [2006] EWCA Civ 1337 (28 September 2006)

Walton v Spectrum Investments Ltd. [2006] EWCA Civ 1337 (28 September 2006)

The application for permission to appeal is adjourned and proceedings stayed until the first instance court determines the claimant's claim to a vehicular right of way over the track. The boundary issue is less significant than the right of way issue, and the latter must be resolved first.

Citation
[2006] EWCA Civ 1337
Parties
Appellant/respondent: Walton; Defendant/appellant: Spectrum Investments Ltd
Jurisdiction
England and Wales
Judgment Date
28 September 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal; Preliminary Issue Tried at First Instance; Application Adjourned and Proceedings Stayed Pending First Instance Determination of Right of Way
Outcome
Application adjourned; proceedings stayed
Legal Topics
Boundary Disputes, Rights of Way, Conveyancing, Ordnance Survey Practice
Property Law Boundary Disputes Rights of Way Conveyancing Ordnance Survey Practice

Case Brief

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Parties

Walton

Appellant/respondent

Spectrum Investments Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal; Preliminary Issue Tried at First Instance; Application Adjourned and Proceedings Stayed Pending First Instance Determination of Right of Way

Legal Issues

  1. 1 What is the true boundary line between Finlow Hill Cottage and Finlow Hill Farm?
  2. 2 Does the claimant have a vehicular right of way over the track?
  3. 3 Does Spectrum have a vehicular right of way over any part of the track it does not own?

Ratio Decidendi

The application for permission to appeal is adjourned and proceedings stayed until the first instance court determines the claimant's claim to a vehicular right of way over the track. The boundary issue is less significant than the right of way issue, and the latter must be resolved first.

Court Disposition

Application adjourned; proceedings stayed

Orders

  • Application for permission to appeal adjourned
  • Proceedings on the application stayed until first instance determination of vehicular right of way