Vance & Anor v Collerton & Anor

Vance & Anor v Collerton & Anor

The boundary between the properties runs along the line of the white fence, which is jointly owned, with maintenance responsibility on the House owner. The right of way does not entitle the Vances to remove the white fence or hedge to create a parking space in their garden; it is limited to vehicles that can pass through the existing gate, and parking on the driveway is only for loading and unloading. The Collertons may park on the driveway provided they do not unreasonably obstruct the right of way. The judge's findings on boundary, ownership, and scope of the right of way are upheld.

Parties
Appellant/claimant: Sebastian Rupert Vance; Appellant/claimant: Alexandra Atalanta Charlotte Vance; Respondent/defendant: Carol-Ann Collerton; Respondent/defendant: Christopher Collerton
Jurisdiction
England and Wales
Judgment Date
08 November 2019
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed; judgment below upheld.
Legal Topics
Easements, Right of Way, Boundary Disputes, Trespass, Conveyancing, Interpretation of Deeds
Property Law Easements Right of Way Boundary Disputes Trespass Conveyancing Interpretation of Deeds

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Parties

Sebastian Rupert Vance

Appellant/claimant

Alexandra Atalanta Charlotte Vance

Appellant/claimant

Carol-Ann Collerton

Respondent/defendant

Christopher Collerton

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Location and ownership of boundary between neighbouring properties
  2. 2 Ownership and maintenance responsibility for boundary features (fence and hedge)
  3. 3 Scope and extent of right of way granted by 1991 transfer

Ratio Decidendi

The boundary between the properties runs along the line of the white fence, which is jointly owned, with maintenance responsibility on the House owner. The right of way does not entitle the Vances to remove the white fence or hedge to create a parking space in their garden; it is limited to vehicles that can pass through the existing gate, and parking on the driveway is only for loading and unloading. The Collertons may park on the driveway provided they do not unreasonably obstruct the right of way. The judge's findings on boundary, ownership, and scope of the right of way are upheld.

Court Disposition

Appeal and cross-appeal dismissed; judgment below upheld.

Orders

  • Declaration that the boundary runs along the line of the white fence and Cottage gate; the fence is jointly owned, maintenance by House owner.
  • Collertons entitled to reinstate the F-G fence at the Vances’ expense.