Vance & Anor v Collerton & Anor [2019] EWHC 2866 (Ch) (08 November 2019)

Vance & Anor v Collerton & Anor [2019] EWHC 2866 (Ch) (08 November 2019)

The judge's finding that the boundary runs along the line of the white fence and that the white fence and F-G hedge are jointly owned is upheld; the right of way does not entitle the Vances to remove the fence or hedge or to park in the Cottage garden; the Collertons may park on the driveway provided they do not unreasonably obstruct the Vances' right of way, which is limited to loading and unloading for vehicles wider than the pedestrian gate.

Citation
[2019] EWHC 2866 (Ch)
Parties
Appellant/claimant: Sebastian Rupert Vance; Appellant/claimant: Alexandra Atalanta Charlotte Vance; Respondent/defendant: Carol-Ann Collerton; Respondent/defendant: Christopher Collerton
Jurisdiction
England and Wales
Judgment Date
08 November 2019
Procedural Posture
Chancery Appeal / Appeal and Cross Appeal From County Court Judgment
Outcome
Appeal and cross-appeal dismissed; original judgment substantially upheld.
Legal Topics
Boundary Disputes, Easements and Rights of Way, Ownership of Boundary Features, Interpretation of Conveyances, Trespass
Property Law Land Law Boundary Disputes Easements and Rights of Way Ownership of Boundary Features Interpretation of Conveyances Trespass

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Parties

Sebastian Rupert Vance

Appellant/claimant

Alexandra Atalanta Charlotte Vance

Appellant/claimant

Carol-Ann Collerton

Respondent/defendant

Christopher Collerton

Respondent/defendant

Procedural Posture

Chancery Appeal / Appeal and Cross Appeal From County Court Judgment

Legal Issues

  1. 1 Where is the boundary between the two properties?
  2. 2 Who owns the white fence and F-G hedge?
  3. 3 What is the scope of the right of way reserved in the 1991 transfer?

Ratio Decidendi

The judge's finding that the boundary runs along the line of the white fence and that the white fence and F-G hedge are jointly owned is upheld; the right of way does not entitle the Vances to remove the fence or hedge or to park in the Cottage garden; the Collertons may park on the driveway provided they do not unreasonably obstruct the Vances' right of way, which is limited to loading and unloading for vehicles wider than the pedestrian gate.

Court Disposition

Appeal and cross-appeal dismissed; original judgment substantially upheld.

Orders

  • Declaration that the A-C hedge forms a boundary and is jointly owned.
  • Declaration that the boundary along F-G is along the line of the fence and Cottage gate; the fence is jointly owned and maintained by the House owners.