Williams v Thomas (Boundary dispute : Boundary dispute) [2019] UKFTT 508 (PC) (24 July 2019)

Williams v Thomas (Boundary dispute : Boundary dispute) [2019] UKFTT 508 (PC) (24 July 2019)

The hedge and ditch presumption applies, and there used to be a ditch along the boundary, but the outer edge of the ditch cannot be identified with sufficient exactitude for a determined boundary; therefore, the application is cancelled for that section, but succeeds for the undisputed hedge line section.

Citation
[2019] UKFTT 508 (PC)
Parties
Applicant: Michael Thomas Williams; Applicant: Cherie Lynne Gladstone; Respondent: Judith Megan Thomas
Jurisdiction
England and Wales
Judgment Date
24 July 2019
Procedural Posture
Boundary Dispute / Determination of Exact Boundary
Outcome
application partially succeeded
Legal Topics
Boundary Determination, Hedge and Ditch Presumption
Property Law Boundary Determination Hedge and Ditch Presumption

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Thomas Williams

Applicant

Cherie Lynne Gladstone

Applicant

Judith Megan Thomas

Respondent

Procedural Posture

Boundary Dispute / Determination of Exact Boundary

Legal Issues

  1. 1 Whether the boundary between the applicants' cottage garden and the respondent's adjoining field can be determined with sufficient exactitude
  2. 2 Whether the hedge and ditch presumption applies to the disputed boundary section

Ratio Decidendi

The hedge and ditch presumption applies, and there used to be a ditch along the boundary, but the outer edge of the ditch cannot be identified with sufficient exactitude for a determined boundary; therefore, the application is cancelled for that section, but succeeds for the undisputed hedge line section.

Court Disposition

application partially succeeded

Orders

  • Application cancelled in relation to the disputed section of the boundary where the ditch could not be identified.
  • Application succeeded for the undisputed section following the hedge line.