Agnew v McCartney & Anor [2005] NIQB 43 (26 May 2005)

Agnew v McCartney & Anor [2005] NIQB 43 (26 May 2005)

The boundary is determined by the line of fences erected following Mr Kevin Agnew's 1982 letter, not the builder's fence; prescriptive title established by owners of 29 and 31 Craigadick Park over the disputed strip; technical trespass occurred but damages are limited; declarations granted as per actual boundary found.

Citation
[2005] NIQB 43
Parties
Plaintiff: John Agnew; First Defendant: Peter McCartney; First Defendant: Mairead Doherty; Second Defendant: Eugene McGlade; Second Defendant: Judith Margaret McGlade
Jurisdiction
Northern Ireland
Judgment Date
26 May 2005
Procedural Posture
Civil Boundary Dispute / Appeal From County Court, Judgment in High Court
Outcome
Plaintiff's claims for declaration, injunction, and major damages rejected; minor damages for trespass awarded; declaration granted to McGlades as to boundary; counterclaims for trespass rejected.
Legal Topics
Boundary Determination, Prescriptive Title, Trespass, Declarations, Damages
Property Law Civil Procedure Boundary Determination Prescriptive Title Trespass Declarations Damages

Case Brief

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Parties

John Agnew

Plaintiff

Peter McCartney

First Defendant

Mairead Doherty

First Defendant

Eugene McGlade

Second Defendant

Judith Margaret McGlade

Second Defendant

Procedural Posture

Civil Boundary Dispute / Appeal From County Court, Judgment in High Court

Legal Issues

  1. 1 What is the correct boundary between Rathlure and adjoining properties?
  2. 2 Have the defendants acquired prescriptive title?
  3. 3 Was there actionable trespass?

Ratio Decidendi

The boundary is determined by the line of fences erected following Mr Kevin Agnew's 1982 letter, not the builder's fence; prescriptive title established by owners of 29 and 31 Craigadick Park over the disputed strip; technical trespass occurred but damages are limited; declarations granted as per actual boundary found.

Court Disposition

Plaintiff's claims for declaration, injunction, and major damages rejected; minor damages for trespass awarded; declaration granted to McGlades as to boundary; counterclaims for trespass rejected.

Orders

  • Plaintiff awarded £400 damages against McCartney and Doherty for trespass.
  • Plaintiff awarded £200 damages against McGlades for technical trespass.