Charlton & Anor v Forrest & Ors [2024] EWHC 1014 (Ch) (03 May 2024)

Charlton & Anor v Forrest & Ors [2024] EWHC 1014 (Ch) (03 May 2024)

The boundary is best approximated by the Red Line as shown on the agreed Plan, based on historical aerial photographs and maps, and not by the Blue Line claimed by the claimants. The defendants did not trespass as their actions occurred on their own land.

Citation
[2024] EWHC 1014 (Ch)
Parties
Claimant: Ceri James Charlton; Claimant: Loes Charlton; Defendant: Billy Forrest; Defendant: Matthew Forrest; Defendant: Anne Marie Forrest
Jurisdiction
England and Wales
Judgment Date
03 May 2024
Procedural Posture
Boundary Dispute / Final Judgment
Outcome
Claim dismissed
Legal Topics
Boundary Determination, Trespass, Land Registration
Property Law Boundary Determination Trespass Land Registration

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

Boundary Dispute / Final Judgment

Legal Issues

  1. 1 Where is the true boundary between Ty Chwarel and Castleton in the Disputed Section?
  2. 2 Did the defendants trespass by cutting down trees and erecting a fence on the claimants' land?

Ratio Decidendi

The boundary is best approximated by the Red Line as shown on the agreed Plan, based on historical aerial photographs and maps, and not by the Blue Line claimed by the claimants. The defendants did not trespass as their actions occurred on their own land.

Court Disposition

Claim dismissed