Harrison & Anor v Brading

Harrison & Anor v Brading

The 1989 conveyance gave the defendant's predecessor a strip of land east of the retaining wall in Area A, as shown by the plan dimensions, but did not include any of Area B, which follows the garden fence. There was no adverse possession of Area B by the defendant, nor of Area A by the claimants, and no binding boundary agreement was concluded between the parties.

Parties
Claimant: Paul Fraser Harrison; Claimant: Theresa Janet Harrison; Defendant: Justin John Brading
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Civil (boundary Dispute) / Judgment After Trial
Outcome
Declaratory judgment on boundary location; no adverse possession; no binding boundary agreement.
Legal Topics
Boundary Disputes, Conveyancing, Adverse Possession, Boundary Agreements, Interpretation of Conveyances
Land Law Property Law Boundary Disputes Conveyancing Adverse Possession Boundary Agreements Interpretation of Conveyances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Paul Fraser Harrison

Claimant

Theresa Janet Harrison

Claimant

Justin John Brading

Defendant

Procedural Posture

Civil (boundary Dispute) / Judgment After Trial

Legal Issues

  1. 1 What is the correct boundary between Cathole House and Cathole Manor Farm in Areas A and B?
  2. 2 Did either party acquire land by adverse possession?
  3. 3 Was there a binding boundary agreement between the parties?

Ratio Decidendi

The 1989 conveyance gave the defendant's predecessor a strip of land east of the retaining wall in Area A, as shown by the plan dimensions, but did not include any of Area B, which follows the garden fence. There was no adverse possession of Area B by the defendant, nor of Area A by the claimants, and no binding boundary agreement was concluded between the parties.

Court Disposition

Declaratory judgment on boundary location; no adverse possession; no binding boundary agreement.

Orders

  • Boundary in Area A declared to follow the line shown by the plan dimensions (purple pecked line).
  • Boundary in Area B declared to follow the garden fence.