ACCO Properties Ltd v Severn & Anor

ACCO Properties Ltd v Severn & Anor

The true boundary is defined by an informal boundary agreement, running north of the claimant's expert's line and south of the defendants' expert's line, as shown on the agreed plan. The evidence did not support adverse possession by the defendants. The claimant is not entitled to a mandatory injunction, but is entitled to modest compensation for the minor encroachment.

Parties
Claimant: Acco Properties Limited; Defendant: Mr Mark Severn; Defendant: Mrs Lisa Severn
Jurisdiction
England and Wales
Judgment Date
01 April 2011
Procedural Posture
Civil / Judgment After Trial
Outcome
Claimant's claim for a mandatory injunction refused; compensation awarded.
Legal Topics
Boundary Disputes, Adverse Possession, Informal Boundary Agreements, Injunctions, Compensation for Land Encroachment
Land Law Property Law Boundary Disputes Adverse Possession Informal Boundary Agreements Injunctions Compensation for Land Encroachment

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Parties

Acco Properties Limited

Claimant

Mr Mark Severn

Defendant

Mrs Lisa Severn

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Where is the true boundary between 159 and 159A Marshall Lake Road?
  2. 2 Is there evidence of adverse possession or an informal boundary agreement?
  3. 3 Is the claimant entitled to a mandatory injunction or compensation?

Ratio Decidendi

The true boundary is defined by an informal boundary agreement, running north of the claimant's expert's line and south of the defendants' expert's line, as shown on the agreed plan. The evidence did not support adverse possession by the defendants. The claimant is not entitled to a mandatory injunction, but is entitled to modest compensation for the minor encroachment.

Court Disposition

Claimant's claim for a mandatory injunction refused; compensation awarded.

Orders

  • Claimant's application for a mandatory injunction is refused.
  • Defendants to pay compensation of £1,000 to the claimant for the encroachment.