Walton v Spectrum Investments Ltd.

Walton v Spectrum Investments Ltd.

The application for permission to appeal is adjourned and proceedings stayed until the claimant's claim to a vehicular right of way over the track is determined at first instance; the boundary issue is less significant than the right of way issue and should await resolution of the latter.

Parties
Claimant/respondent: Walton; Defendant/appellant: Spectrum Investments Ltd
Jurisdiction
England and Wales
Judgment Date
28 September 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal; Application Adjourned and Proceedings Stayed Pending First Instance Determination of Right of Way
Outcome
Application adjourned; proceedings stayed
Legal Topics
Boundary Disputes, Rights of Way, Conveyancing, Ordnance Survey Practice
Property Law Boundary Disputes Rights of Way Conveyancing Ordnance Survey Practice

Case Brief

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Parties

Walton

Claimant/respondent

Spectrum Investments Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal; Application Adjourned and Proceedings Stayed Pending First Instance Determination of Right of Way

Legal Issues

  1. 1 What is the correct boundary line between Finlow Hill Cottage and Finlow Hill Farm?
  2. 2 Does the claimant or the defendant have a vehicular right of way over the track?

Ratio Decidendi

The application for permission to appeal is adjourned and proceedings stayed until the claimant's claim to a vehicular right of way over the track is determined at first instance; the boundary issue is less significant than the right of way issue and should await resolution of the latter.

Court Disposition

Application adjourned; proceedings stayed

Orders

  • Application for permission to appeal adjourned
  • Proceedings on the appeal stayed until the right of way issue is determined at first instance