Hunt v Weston Homes Plc

Hunt v Weston Homes Plc

The boundary between 45 Millharbour and 41 Millharbour is along the line A-B marked on the plan attached to the Particulars of Claim, as supported by plan 4.70 and expert evidence, and not as contended by the Defendant.

Parties
Claimant: Michael John Hunt; Defendant: Weston Homes Plc
Jurisdiction
England and Wales
Judgment Date
31 October 2003
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Claimant succeeds on the preliminary issue.
Legal Topics
Boundary Disputes, Land Registration, Conveyancing, Title Plans

Case Brief

Summary, issues, holding and outcome

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Parties

Michael John Hunt

Claimant

Weston Homes Plc

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

  1. 1 Determination of the common boundary between 45 Millharbour and 41 Millharbour
  2. 2 Validity and interpretation of various title plans
  3. 3 Effect of historical conveyancing documents and plans

Ratio Decidendi

The boundary between 45 Millharbour and 41 Millharbour is along the line A-B marked on the plan attached to the Particulars of Claim, as supported by plan 4.70 and expert evidence, and not as contended by the Defendant.

Court Disposition

Claimant succeeds on the preliminary issue.

Orders

  • The boundary between 45 Millharbour and 41 Millharbour is determined to be along the line A-B marked on the plan attached to the Particulars of Claim.