Clarke & Anor v Corless & Anor [2009] EWHC 1636 (Ch) (08 July 2009)

Clarke & Anor v Corless & Anor [2009] EWHC 1636 (Ch) (08 July 2009)

No constructive trust arises as any consensus reached in January 2003 was informal, not intended to bind parties' consciences, and was abandoned by September 2004. Claimants did not rely on alleged agreement. Claim for relief regarding turning area is theoretical and not supported by evidence. Ownership of boundary wall found for claimants based on extrinsic evidence.

Citation
[2009] EWHC 1636 (Ch)
Parties
Claimant: Simon Baynes Clarke; Claimant: Sarah Baynes Clarke; Defendant: Michael Corless; Defendant: Joanne Corless
Jurisdiction
England and Wales
Judgment Date
08 July 2009
Procedural Posture
Chancery Division Civil Dispute / Final Judgment After Trial
Outcome
Claim dismissed except as to boundary wall ownership
Legal Topics
Constructive Trust, Proprietary Estoppel, Easements, Boundary Disputes, Laches
Property Law Equity Constructive Trust Proprietary Estoppel Easements Boundary Disputes Laches

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 8 Party arguments 2
Sign in to unlock

Parties

Simon Baynes Clarke

Claimant

Sarah Baynes Clarke

Claimant

Michael Corless

Defendant

Joanne Corless

Defendant

Procedural Posture

Chancery Division Civil Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether defendants hold amenity land on constructive trust for claimants and other residents
  2. 2 Whether claimants are entitled to relief regarding use of turning area
  3. 3 Ownership of boundary wall between properties

Ratio Decidendi

No constructive trust arises as any consensus reached in January 2003 was informal, not intended to bind parties' consciences, and was abandoned by September 2004. Claimants did not rely on alleged agreement. Claim for relief regarding turning area is theoretical and not supported by evidence. Ownership of boundary wall found for claimants based on extrinsic evidence.

Court Disposition

Claim dismissed except as to boundary wall ownership

Orders

  • Declaration that boundary wall belongs to claimants (South Heath)
  • No relief granted regarding constructive trust or turning area