Konstantinidis v Townsend

The eastern boundary is a straight line between the eastern end of the northern boundary as fixed by the 1998 order (point X) and the intersection of the line of posts and the 1988 wall (point Y), based on the property register, physical evidence from 1990, and the terms of the 1998 order.

Parties: Respondent/claimant: Raymond Konstantinidis; Appellant/defendant: Philip Giles Townsend
Jurisdiction: England and Wales
Judgment Date: 20 March 2003
Procedural Posture: Civil Appeal / Appeal From County Court to Court of Appeal
Outcome: Appeal allowed; order of judge set aside; boundary declared as a straight line from point X to point Y.
Legal Topics: Boundary Disputes, Land Registration, Conveyancing, Evidence

Property Law Boundary Disputes Land Registration Conveyancing Evidence

Case Brief

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Parties

Raymond Konstantinidis

Respondent/claimant

Philip Giles Townsend

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

1 What is the correct eastern boundary between No 6 Further Granary Cottages and Wood Dalling Hall?
2 Did the 1998 order determine the eastern boundary?
3 What is the effect of physical features and documentary evidence on boundary determination?

Ratio Decidendi

Court Disposition

Appeal allowed; order of judge set aside; boundary declared as a straight line from point X to point Y.

Orders

Appeal allowed
Order of judge set aside