Herbert v Pegrum & Anor

Herbert v Pegrum & Anor

The words of clause 2 of the 1931 conveyance were insufficiently clear to give rise to an estoppel affecting the boundary; the normal presumption as to the division of a stream applies. Permission to appeal on the estoppel issue is granted and the appeal allowed to that extent; permission to appeal on factual findings is refused.

Parties
Claimant/respondent: Gwendoline Elsie Herbert; First Defendant: Susan Elizabeth Pegrum; Second Defendant/applicant: James Waring Pegrum
Jurisdiction
England and Wales
Judgment Date
31 January 2005
Procedural Posture
Civil Appeal / Permission to Appeal Out of Time and Substantive Appeal
Outcome
Appeal allowed in part; permission to appeal on estoppel issue granted and allowed; permission to appeal on factual issues refused.
Legal Topics
Boundary Disputes, Estoppel, Conveyancing, Appeal Out of Time
Property Law Boundary Disputes Estoppel Conveyancing Appeal Out of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Gwendoline Elsie Herbert

Claimant/respondent

Susan Elizabeth Pegrum

First Defendant

James Waring Pegrum

Second Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal Out of Time and Substantive Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding an estoppel affecting the boundary line based on the 1931 conveyance
  2. 2 Whether the factual findings regarding the location of the boundary were erroneous

Ratio Decidendi

The words of clause 2 of the 1931 conveyance were insufficiently clear to give rise to an estoppel affecting the boundary; the normal presumption as to the division of a stream applies. Permission to appeal on the estoppel issue is granted and the appeal allowed to that extent; permission to appeal on factual findings is refused.

Court Disposition

Appeal allowed in part; permission to appeal on estoppel issue granted and allowed; permission to appeal on factual issues refused.

Orders

  • No order for costs on the appeal.
  • Claimant to have costs below.