Clements & Ors v Goodacre

Clements & Ors v Goodacre

The appeal was dismissed because the 1973 boundary agreement (Lewis boundary) defined the true boundary, the wedge was included in the land transferred to the claimants, and there was no evidence of intention to reserve the wedge for access. Registered boundaries were not definitive, and no issue estoppel or easement of necessity applied.

Parties
Claimants/respondents: Edward John Clements & Barbara Clements; Claimants/respondents: John Kendall Bush & Catriona Mary Bush; Defendant/appellant: Brian Vincent Goodacre
Jurisdiction
England and Wales
Judgment Date
11 October 2004
Procedural Posture
Civil Appeal / Appeal From Brighton County Court Decision
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Title to Land, Issue Estoppel, Easement of Necessity
Property Law Boundary Disputes Title to Land Issue Estoppel Easement of Necessity

Case Brief

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Parties

Edward John Clements & Barbara Clements

Claimants/respondents

John Kendall Bush & Catriona Mary Bush

Claimants/respondents

Brian Vincent Goodacre

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Brighton County Court Decision

Legal Issues

  1. 1 Whether the disputed 'wedge' of land belonged to the claimants or the appellant
  2. 2 Whether issue estoppel arising from previous proceedings barred the claimants' action
  3. 3 Whether an easement of necessity existed over the wedge

Ratio Decidendi

The appeal was dismissed because the 1973 boundary agreement (Lewis boundary) defined the true boundary, the wedge was included in the land transferred to the claimants, and there was no evidence of intention to reserve the wedge for access. Registered boundaries were not definitive, and no issue estoppel or easement of necessity applied.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Application to amend statement of case refused