Brown & Anor v Pretot & Anor [2011] EWCA Civ 1421 (30 November 2011)

Brown & Anor v Pretot & Anor [2011] EWCA Civ 1421 (30 November 2011)

The correct boundary is determined by the actual position of the garage and fence as constructed at the time of transfer, not by the plan annexed for identification only, as the plan would otherwise result in part of the garage being outside the appellants' property contrary to the terms of the transfer.

Citation
[2011] EWCA Civ 1421
Parties
Claimant/respondent: David James Brown; Claimant/respondent: Valerie Kay Brown; Defendant/appellant: Daniel Rene Pretot; Defendant/appellant: Melanie Pretot
Jurisdiction
England and Wales
Judgment Date
30 November 2011
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; respondents' claim dismissed.
Legal Topics
Boundary Disputes, Interpretation of Conveyances, Land Registration, Plans Annexed to Transfers
Property Law Boundary Disputes Interpretation of Conveyances Land Registration Plans Annexed to Transfers

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Parties

David James Brown

Claimant/respondent

Valerie Kay Brown

Claimant/respondent

Daniel Rene Pretot

Defendant/appellant

Melanie Pretot

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 What is the correct western boundary between 33 and 31 Moorhouse Way, Kettering?
  2. 2 Should the boundary be determined by the plan annexed to the transfer or by physical features on the ground at the time of transfer?

Ratio Decidendi

The correct boundary is determined by the actual position of the garage and fence as constructed at the time of transfer, not by the plan annexed for identification only, as the plan would otherwise result in part of the garage being outside the appellants' property contrary to the terms of the transfer.

Court Disposition

Appeal allowed; respondents' claim dismissed.

Orders

  • Declaration that the boundary is as marked by the actual position of the garage and fence at the time of transfer, not as shown on the plan annexed to the transfer.