Haycocks & Anor v Neville & Anor

Haycocks & Anor v Neville & Anor

The trial judge was entitled to reject the exclusive use of the legal plan (Plan J) and to consider subsequent topographical features and the Wykes Plan in determining the boundary, given the ambiguity and limitations of the plans. The judge's finding as to the location of the pivot point was open on the evidence and involved no error of law or principle.

Parties
Claimant/appellant: Haycocks & Anr; Defendant/respondent: Neville & Anr
Jurisdiction
England and Wales
Judgment Date
18 January 2007
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Land Registration, Conveyancing, Admissibility of Subsequent Conduct, Expert Evidence
Property Law Boundary Disputes Land Registration Conveyancing Admissibility of Subsequent Conduct Expert Evidence

Case Brief

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Parties

Haycocks & Anr

Claimant/appellant

Neville & Anr

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 How is the precise location of a disputed property boundary to be determined when plans and physical features are ambiguous?
  2. 2 Is subsequent conduct and topographical evidence admissible in resolving boundary disputes?
  3. 3 Are successors in title bound by informal agreements demarcating boundaries?

Ratio Decidendi

The trial judge was entitled to reject the exclusive use of the legal plan (Plan J) and to consider subsequent topographical features and the Wykes Plan in determining the boundary, given the ambiguity and limitations of the plans. The judge's finding as to the location of the pivot point was open on the evidence and involved no error of law or principle.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs order against the Nevilles (Defendants/Respondents)