Ely & Anor v Simmons & Anor

Ely & Anor v Simmons & Anor

There was no binding boundary agreement reached between the parties either prior to or on 2 March 2006, as the correspondence evidenced ongoing negotiations and lack of agreement on essential terms such as precise measurements.

Parties
Respondent: Ely and another; Appellant: Simmons and another
Jurisdiction
England and Wales
Judgment Date
16 October 2012
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Contract Formation, Appeals
Property Law Boundary Disputes Contract Formation Appeals

Case Brief

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Parties

Ely and another

Respondent

Simmons and another

Appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a binding boundary agreement was reached between the parties prior to or on 2 March 2006

Ratio Decidendi

There was no binding boundary agreement reached between the parties either prior to or on 2 March 2006, as the correspondence evidenced ongoing negotiations and lack of agreement on essential terms such as precise measurements.

Court Disposition

Appeal dismissed