Parmar & Others v Upton

Parmar & Others v Upton

The hedge and ditch rule applies to the disputed boundary, and the evidence does not rebut the presumption that the boundary lies on the far side of the ditch from the hedge. The 1997 Conveyance, being for identification purposes only, does not restrict the respondent's title to the hedge line. The respondent has good paper title to the disputed land and is entitled to sue in trespass.

Parties
Appellant: Parmar & others; Respondent: Upton
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
appeal dismissed
Legal Topics
Boundary Disputes, Hedge and Ditch Rule, Conveyancing, Trespass, Adverse Possession
Property Law Boundary Disputes Hedge and Ditch Rule Conveyancing Trespass Adverse Possession

Case Brief

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Parties

Parmar & others

Appellant

Upton

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the hedge and ditch rule applies to determine the boundary between the parties' properties
  2. 2 Whether the presumption underlying the hedge and ditch rule is rebutted by evidence
  3. 3 Whether the 1997 Conveyance limits the respondent's title to the hedge line

Ratio Decidendi

The hedge and ditch rule applies to the disputed boundary, and the evidence does not rebut the presumption that the boundary lies on the far side of the ditch from the hedge. The 1997 Conveyance, being for identification purposes only, does not restrict the respondent's title to the hedge line. The respondent has good paper title to the disputed land and is entitled to sue in trespass.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment for respondent stands.