Abraham & Anor v Oakley Park Developments Ltd [2019] IECA 87 (20 March 2019)

Abraham & Anor v Oakley Park Developments Ltd [2019] IECA 87 (20 March 2019)

The transfer and attached map were not clear and unambiguous as to the boundary; extrinsic evidence including physical features and historical occupation established the true boundary. The Land Registry map should be rectified to reflect the physical boundary, and damages for trespass and intimidation are affirmed.

Citation
[2019] IECA 87
Parties
Plaintiff/respondent: Sean Abraham; Plaintiff/respondent: Pauline Abraham; Defendant/appellant: Oakley Park Developments Ltd.
Jurisdiction
Ireland
Judgment Date
20 March 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; High Court decision affirmed.
Legal Topics
Boundary Disputes, Rectification of Land Registry Maps, Trespass, Damages
Property Law Conveyancing Boundary Disputes Rectification of Land Registry Maps Trespass Damages

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Parties

Sean Abraham

Plaintiff/respondent

Pauline Abraham

Plaintiff/respondent

Oakley Park Developments Ltd.

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the boundary between folio 7062F and folio 34848F should be determined by physical features or Land Registry maps
  2. 2 Whether the Land Registry map should be rectified to reflect the true boundary
  3. 3 Entitlement to damages for trespass and intimidation

Ratio Decidendi

The transfer and attached map were not clear and unambiguous as to the boundary; extrinsic evidence including physical features and historical occupation established the true boundary. The Land Registry map should be rectified to reflect the physical boundary, and damages for trespass and intimidation are affirmed.

Court Disposition

Appeal dismissed; High Court decision affirmed.

Orders

  • Rectification of Land Registry map to reflect physical boundary between folio 7062F and folio 34848F
  • Property Registration Authority to record boundary as conclusive