Lanfear & Anor v Chandler [2013] EWCA Civ 1497 (20 November 2013)

Lanfear & Anor v Chandler [2013] EWCA Civ 1497 (20 November 2013)

The boundary between 3 and 5 Barton Road is to be determined by reference to the physical features on the ground as they existed at the time of the original transfer in 1971, given the ambiguity and inaccuracy of the transfer plan. The judge was entitled to find that the boundary between points C and D lay along the eastern side of the concrete edging stones, and that the fence belonged to no. 3, based on the orientation of the fence posts and the historical treatment of the boundary. However, the judge's order regarding the boundary between points E and F should be varied to reflect the expert's measurement of 80mm from the garage wall, as this was consistent with the evidence and the...

Citation
[2013] EWCA Civ 1497
Parties
Claimant/respondent: Richard Lanfear; Claimant/respondent: Mary Lanfear; Defendant/appellant: Margaret Chandler
Jurisdiction
England and Wales
Judgment Date
20 November 2013
Procedural Posture
Civil Appeal / Appeal From County Court Judgment After Trial
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Boundary Disputes, Construction of Conveyances, Interpretation of Transfer Plans, Ownership and Maintenance of Boundary Features
Property Law Boundary Disputes Construction of Conveyances Interpretation of Transfer Plans Ownership and Maintenance of Boundary Features

Case Brief

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Parties

Richard Lanfear

Claimant/respondent

Mary Lanfear

Claimant/respondent

Margaret Chandler

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment After Trial

Legal Issues

  1. 1 What is the true and proper boundary between 3 Barton Road and 5 Barton Road?
  2. 2 Does the presence of 'T' marks and repairing covenants in the 1971 transfer determine ownership and responsibility for the boundary fence?
  3. 3 Was the judge's order regarding the boundary line between points E and F consistent with his findings and the evidence?

Ratio Decidendi

The boundary between 3 and 5 Barton Road is to be determined by reference to the physical features on the ground as they existed at the time of the original transfer in 1971, given the ambiguity and inaccuracy of the transfer plan. The judge was entitled to find that the boundary between points C and D lay along the eastern side of the concrete edging stones, and that the fence belonged to no. 3, based on the orientation of the fence posts and the historical treatment of the boundary. However, the judge's order regarding the boundary between points E and F should be varied to reflect the expert's measurement of 80mm from the garage wall, as this was consistent with the evidence and the...

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Paragraph 1(f) of the judge's order varied to declare the boundary between points E and F is 80mm from the garage wall.
  • Appeal otherwise dismissed.