Crea & Anor v Camp & Anor [2025] EWHC 2638 (KB) (15 October 2025)

Crea & Anor v Camp & Anor [2025] EWHC 2638 (KB) (15 October 2025)

The parties' correspondence, objectively construed, constituted a binding agreement to accept the surveyor's determination of the boundary. The surveyor's report, though not identifying the precise legal boundary, provided a practical and defined boundary line, which the parties had agreed to accept. The agreement was not subject to statutory formalities as it did not effect a disposition of land but merely demarcated the boundary. The trial judge's findings were not perverse and there was no material procedural irregularity.

Citation
[2025] EWHC 2638 (KB)
Parties
Claimant / Appellant: Peter Robert Crea; Claimant / Appellant: Helen Elizabeth Crea; Defendant / Respondent: Philip George Camp; Defendant / Respondent: Christine Anne Camp
Jurisdiction
England and Wales
Judgment Date
15 October 2025
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Boundary Agreements, Expert Determination, Contract Formation, Land Conveyancing
Property Law Contract Law Boundary Disputes Boundary Agreements Expert Determination Contract Formation Land Conveyancing

Case Brief

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Parties

Peter Robert Crea

Claimant / Appellant

Helen Elizabeth Crea

Claimant / Appellant

Philip George Camp

Defendant / Respondent

Christine Anne Camp

Defendant / Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the parties entered into a binding agreement to accept the surveyor's determination of the boundary
  2. 2 Whether the surveyor's report constituted a conclusive determination of the boundary
  3. 3 Whether the agreement required compliance with statutory formalities for land disposition

Ratio Decidendi

The parties' correspondence, objectively construed, constituted a binding agreement to accept the surveyor's determination of the boundary. The surveyor's report, though not identifying the precise legal boundary, provided a practical and defined boundary line, which the parties had agreed to accept. The agreement was not subject to statutory formalities as it did not effect a disposition of land but merely demarcated the boundary. The trial judge's findings were not perverse and there was no material procedural irregularity.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The parties are bound by the boundary as determined in the surveyor's report.