Underwood & Anor v Mayers & Anor

Underwood & Anor v Mayers & Anor

The presence or absence of the elm tree, central to the trial judge's boundary finding, could not be resolved without a re-trial in light of fresh evidence. The drainage dispute was properly determined by the trial judge based on site inspection and evidence, and there was no basis to overturn that finding.

Parties
Claimant: UNDERWOOD & ANR; Defendant/appellant: MAYERS & ANR
Jurisdiction
England and Wales
Judgment Date
02 April 2014
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed in part; boundary dispute remitted for re-trial; appeal on drainage issue dismissed; costs orders varied.
Legal Topics
Boundary Disputes, Easements, Costs on Appeal, Fresh Evidence on Appeal
Property Law Civil Procedure Boundary Disputes Easements Costs on Appeal Fresh Evidence on Appeal

Case Brief

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Parties

UNDERWOOD & ANR

Claimant

MAYERS & ANR

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in determining the boundary between 71 and 73 Harrington Road
  2. 2 Whether the trial judge erred in finding a drainage easement in favour of Number 73
  3. 3 Whether fresh evidence warranted a re-trial of the boundary dispute

Ratio Decidendi

The presence or absence of the elm tree, central to the trial judge's boundary finding, could not be resolved without a re-trial in light of fresh evidence. The drainage dispute was properly determined by the trial judge based on site inspection and evidence, and there was no basis to overturn that finding.

Court Disposition

Appeal allowed in part; boundary dispute remitted for re-trial; appeal on drainage issue dismissed; costs orders varied.

Orders

  • Boundary dispute to be re-tried in the County Court
  • Appeal on drainage issue dismissed