De Wit & Anor v Arrowsmith & Anor

The transfer plans are clear and definitive, marking the northern boundary of Hart’s Farm at the post and rail fence and granting an express right of way over the Stable Drive and Main Drive. Extrinsic evidence is inadmissible as the plans are not ambiguous. The Claimants are entitled to a declaration of their rights.

Parties: Claimant: Jacob de Wit; Claimant: Dinah Mary de Wit; Defendant: Robert Kenneth Arrowsmith; Defendant: Janet Mary Rose Arrowsmith
Jurisdiction: England and Wales
Judgment Date: 29 April 2019
Procedural Posture: Civil / Judgment After Trial
Outcome: Claim allowed
Legal Topics: Boundary Disputes, Easements, Right of Way, Land Registration, Conveyancing

Property Law Boundary Disputes Easements Right of Way Land Registration Conveyancing

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3

Parties

Jacob de Wit

Claimant

Dinah Mary de Wit

Claimant

Robert Kenneth Arrowsmith

Defendant

Janet Mary Rose Arrowsmith

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

1 What is the correct northern boundary of Hart’s Farm?
2 Does an express right of way exist over the Stable Drive and Main Drive for the benefit of the Claimants?

Ratio Decidendi

Court Disposition

Claim allowed

Orders

Declaration to be drafted confirming the Claimants’ rights as found in the judgment.
No injunction granted at this stage; cross-undertakings to be discharged three months after hand down unless further application is made.