Bootle v GHL Property Management and Development Ltd & Anor [2025] EWHC 317 (Ch) (14 February 2025)

Bootle v GHL Property Management and Development Ltd & Anor [2025] EWHC 317 (Ch) (14 February 2025)

The boundary between Little Knowley Farm and the Development Land is to be determined by reference to the topographical and historical evidence, not solely by the Land Registry plans. The evidence established that the Defendants encroached and committed acts of trespass on the Claimant's land. The Claimant is entitled to injunctive relief and damages. The Defendants' application to set aside the 22 August Order for non-disclosure is refused. The precise quantum of damages is to be determined at a later hearing.

Citation
[2025] EWHC 317 (Ch)
Parties
Claimant: Lee James Bootle; First Defendant: GHL Property Management and Development Limited; Second Defendant: FI Real Estate Management Limited
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Boundary Dispute, Trespass, Injunctive Relief, Damages / Trial Judgment
Outcome
Claim allowed in part; Defendants found to have trespassed; injunctive relief and damages awarded; Defendants' application to set aside interim order refused; quantum of damages to be determined at a later hearing.
Legal Topics
Boundary Disputes, Trespass, Injunctive Relief, Damages, Land Registration, Disclosure Obligations
Property Law Land Law Civil Procedure Boundary Disputes Trespass Injunctive Relief Damages Land Registration +1 more

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 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Lee James Bootle

Claimant

GHL Property Management and Development Limited

First Defendant

FI Real Estate Management Limited

Second Defendant

Procedural Posture

Boundary Dispute, Trespass, Injunctive Relief, Damages / Trial Judgment

Legal Issues

  1. 1 Precise location of the boundary between Little Knowley Farm and the Development Land
  2. 2 Whether the Defendants encroached or trespassed
  3. 3 Claimant's rights of drainage

Ratio Decidendi

The boundary between Little Knowley Farm and the Development Land is to be determined by reference to the topographical and historical evidence, not solely by the Land Registry plans. The evidence established that the Defendants encroached and committed acts of trespass on the Claimant's land. The Claimant is entitled to injunctive relief and damages. The Defendants' application to set aside the 22 August Order for non-disclosure is refused. The precise quantum of damages is to be determined at a later hearing.

Court Disposition

Claim allowed in part; Defendants found to have trespassed; injunctive relief and damages awarded; Defendants' application to set aside interim order refused; quantum of damages to be determined at a later hearing.

Orders

  • Defendants restrained from entering or performing works on the Claimant's land as determined by the court.
  • Defendants to pay damages to the Claimant, quantum to be assessed.