Stanning v Baldwin & Anor

Stanning v Baldwin & Anor

The legal boundary includes the bund and blue fence within the claimant's land based on physical evidence and historical inference; the claimant is entitled to use the Track for construction and subsequent occupation of four houses as the proposed use is not self-evidently excessive and does not radically alter the character or substantially increase the burden; a prescriptive easement of drainage exists in favour of the Coach House, accommodating the proposed development.

Parties
Claimant: Glynis Elizabeth Stanning; Defendant: David Reginald Baldwin; Defendant: Katharine Mary Fullarton Barber
Jurisdiction
England and Wales
Judgment Date
29 May 2019
Procedural Posture
Civil / Judgment
Legal Topics
Boundary Disputes, Right of Way, Drainage Easements, Adverse Possession, Intensification of Easement Use
Property Law Trusts Easements Boundary Disputes Right of Way Drainage Easements Adverse Possession Intensification of Easement Use

Case Brief

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Parties

Glynis Elizabeth Stanning

Claimant

David Reginald Baldwin

Defendant

Katharine Mary Fullarton Barber

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Position of legal boundary between Coach House and Gerrards Cross Common
  2. 2 Scope of right of way over the Track for proposed development
  3. 3 Existence and extent of drainage easement under the Common

Ratio Decidendi

The legal boundary includes the bund and blue fence within the claimant's land based on physical evidence and historical inference; the claimant is entitled to use the Track for construction and subsequent occupation of four houses as the proposed use is not self-evidently excessive and does not radically alter the character or substantially increase the burden; a prescriptive easement of drainage exists in favour of the Coach House, accommodating the proposed development.