Durden v Aston [2012] EWCA Civ 636 (16 May 2012)

Durden v Aston [2012] EWCA Civ 636 (16 May 2012)

The preponderance of evidence, including the 1968 survey, physical features, and the 1964 conveyance, supports that the correct boundary is a straight line between points G and C. The judge's findings were inconsistent with the evidence, and the filed plan is inconclusive. No rectification of the register is required for this declaration.

Citation
[2012] EWCA Civ 636
Parties
Respondent/claimant: Emma Louise Durden; Appellant/defendant: Darren Norman William Aston
Jurisdiction
England and Wales
Judgment Date
16 May 2012
Procedural Posture
Civil Appeal / Appeal From County Court (chancery) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Boundary Disputes, Land Registration, Rectification of Register, Adverse Possession
Property Law Boundary Disputes Land Registration Rectification of Register Adverse Possession

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Emma Louise Durden

Respondent/claimant

Darren Norman William Aston

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court (chancery) to Court of Appeal

Legal Issues

  1. 1 Determination of the correct boundary between two residential properties
  2. 2 Effect of historical conveyances and plans on current registered title
  3. 3 Whether rectification of the land register is required to amend the filed plan

Ratio Decidendi

The preponderance of evidence, including the 1968 survey, physical features, and the 1964 conveyance, supports that the correct boundary is a straight line between points G and C. The judge's findings were inconsistent with the evidence, and the filed plan is inconclusive. No rectification of the register is required for this declaration.

Court Disposition

Appeal allowed

Orders

  • Paragraph 1 of the District Judge's order amended to declare the boundary as a straight line between points G and C