Ceri James Charlton & Anor v Billy Forrest & Ors

Ceri James Charlton & Anor v Billy Forrest & Ors

The best approximation of the boundary, based on historical aerial photographs and the evidence, is the Red Line as shown on the agreed plan. The claimants failed to prove that the boundary followed the Blue Line or that the defendants trespassed on their land.

Parties
Claimant: Ceri James Charlton; Claimant: Loes Charlton; Defendant: Billy Forrest; Defendant: Matthew Forrest; Defendant: Anne Marie Forrest
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Boundary Disputes, Trespass, Land Registration, Evidentiary Standards
Property Law Boundary Disputes Trespass Land Registration Evidentiary Standards

Case Brief

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Parties

Ceri James Charlton

Claimant

Loes Charlton

Claimant

Billy Forrest

Defendant

Matthew Forrest

Defendant

Anne Marie Forrest

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What is the precise location of the southern section of the boundary between Ty Chwarel and Castleton?
  2. 2 Did the defendants trespass on the claimants’ land by cutting down trees and erecting a fence?

Ratio Decidendi

The best approximation of the boundary, based on historical aerial photographs and the evidence, is the Red Line as shown on the agreed plan. The claimants failed to prove that the boundary followed the Blue Line or that the defendants trespassed on their land.

Court Disposition

Claim dismissed