Darren James Windust & Anor v Anthony Arthur Grant

The respondent is contractually bound by the expert determination agreement to accept and implement the expert's decision regarding the boundary and right of way, and cannot lawfully object to its registration.

Parties: Applicant: Darren James Windust; Applicant: Susan Maria Windust; Respondent: Anthony Arthur Grant
Jurisdiction: England and Wales
Judgment Date: 29 August 2025
Procedural Posture: Land Registration Reference / Final Determination
Outcome: objection dismissed; application for determined boundary and right of way registration allowed
Legal Topics: Determined Boundary, Expert Determination, Right of Way, Land Registration, Contractual Dispute Resolution

Property Law Determined Boundary Expert Determination Right of Way Land Registration Contractual Dispute Resolution

Case Brief

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Parties

Darren James Windust

Applicant

Susan Maria Windust

Applicant

Anthony Arthur Grant

Respondent

Procedural Posture

Land Registration Reference / Final Determination

Legal Issues

1 Whether the expert determination agreement is binding on the parties regarding the boundary and right of way
2 Whether the respondent can object to registration after agreeing to expert determination

Ratio Decidendi

Court Disposition

objection dismissed; application for determined boundary and right of way registration allowed

Orders

Chief Land Registrar to register the exact line of the boundary in accordance with the determined boundary plan produced by Mr Strangwick and accompanying the applicants’ application
Chief Land Registrar to register the extent of the right of way in accordance with that plan as if the objection of the respondent had not been made