Avon Estates Ltd v Evans & Anor [2013] EWHC 1635 (Ch) (13 June 2013)

Avon Estates Ltd v Evans & Anor [2013] EWHC 1635 (Ch) (13 June 2013)

The boundary between Avon Park and Oxtalls Farm is the line between the centres of the hedge growers as they existed in 1955, as shown on the Ordnance Survey map and the plan attached to the 1955 conveyance. The T marks on the plan do not affect the boundary or indicate ownership in the absence of reference in the deed. The defendants have not established adverse possession of any disputed land. The claimant's road works did not cause actionable nuisance by interfering with drainage from Oxtalls Farm.

Citation
[2013] EWHC 1635 (Ch)
Parties
Claimant: Avon Estates Ltd; Defendant: Richard Evans; Defendant: Susan Evans
Jurisdiction
England and Wales
Judgment Date
13 June 2013
Procedural Posture
Boundary Dispute and Nuisance Claim / Judgment After Trial
Outcome
Claim for declaration of boundary and rejection of adverse possession and nuisance counterclaim.
Legal Topics
Boundary Disputes, Adverse Possession, Nuisance, Interpretation of Conveyances, Land Drainage
Property Law Land Law Tort Law Boundary Disputes Adverse Possession Nuisance Interpretation of Conveyances Land Drainage

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Parties

Avon Estates Ltd

Claimant

Richard Evans

Defendant

Susan Evans

Defendant

Procedural Posture

Boundary Dispute and Nuisance Claim / Judgment After Trial

Legal Issues

  1. 1 What is the correct legal boundary between Avon Park and Oxtalls Farm as established by the 1955 and 1964 conveyances?
  2. 2 Does the presence of T marks on the conveyance plan affect the boundary or ownership of the hedge?
  3. 3 Have the defendants acquired title to any disputed land by adverse possession?

Ratio Decidendi

The boundary between Avon Park and Oxtalls Farm is the line between the centres of the hedge growers as they existed in 1955, as shown on the Ordnance Survey map and the plan attached to the 1955 conveyance. The T marks on the plan do not affect the boundary or indicate ownership in the absence of reference in the deed. The defendants have not established adverse possession of any disputed land. The claimant's road works did not cause actionable nuisance by interfering with drainage from Oxtalls Farm.

Court Disposition

Claim for declaration of boundary and rejection of adverse possession and nuisance counterclaim.

Orders

  • Declaration that the boundary is as found in the judgment, being the line between the centres of the hedge growers as they existed in 1955 and as modified by the 1964 conveyance.
  • Defendants' claim for adverse possession is dismissed.