Childs & Anor v Vernon

Childs & Anor v Vernon

The trial judge was entitled to rely on factual evidence from original owners to determine the boundaries, and the procedural irregularity did not affect the outcome regarding the Childs. However, the order for removal of the lean-to was set aside because the judge failed to consider whether there was an enforceable agreement or acquiescence by Mrs Webb, and whether removal was a proportionate remedy.

Parties
Respondents: Mr and Mrs Childs; Respondent: Mrs Butcher; Appellant: Mr Vernon
Jurisdiction
England and Wales
Judgment Date
16 March 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed as to the Childs; appeal allowed as to Mrs Butcher in part; consequential orders made.
Legal Topics
Boundary Disputes, Trespass, Easements, Injunctions, Procedural Fairness
Property Law Boundary Disputes Trespass Easements Injunctions Procedural Fairness

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Parties

Mr and Mrs Childs

Respondents

Mrs Butcher

Respondent

Mr Vernon

Appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the trial judge erred in determining the boundary lines between the properties
  2. 2 Whether procedural irregularity rendered the trial unfair
  3. 3 Whether the order for removal of the lean-to was appropriate given possible acquiescence or agreement by a predecessor in title

Ratio Decidendi

The trial judge was entitled to rely on factual evidence from original owners to determine the boundaries, and the procedural irregularity did not affect the outcome regarding the Childs. However, the order for removal of the lean-to was set aside because the judge failed to consider whether there was an enforceable agreement or acquiescence by Mrs Webb, and whether removal was a proportionate remedy.

Court Disposition

Appeal dismissed as to the Childs; appeal allowed as to Mrs Butcher in part; consequential orders made.

Orders

  • Order for removal of the ornamental fence at the front stands.
  • Order for removal of the encroaching part of Mr Vernon's lean-to quashed.