COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM PONTYPRIDD COUNTY COURT
(HIS HONOUR JUDGE HUGH JONES)
Strand London WC2 Monday, 9th July 2001 |
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B e f o r e :
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JUNE FOX-ROBERTS | ||
- v - | ||
MAUREEN TERESA SMITH | ||
and | ||
ROBERT MICHAEL SMITH |
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Smith Bernal Reporting Limited
180 Fleet Street, London EC4A 2HD
Telephone No: 0171-421 4040 Fax No: 0171-831 8838
(Official Shorthand Writers to the Court)
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Crown Copyright ©
Monday, 9th July 2001
"By Consent it is ordered that:-
(i) the boundary between 33 St Anne's Drive belonging to Mrs Smith and 49 St Anne's Drive belonging to Mrs Fox-Roberts is and is hereby declared to be along the line shown and marked, A-B-C-D-E-F-G-H on the plan annexed hereto being measured and calculated in accordance with the Schedule of Measurements annexed hereto. Both the plan and Schedule are signed for identification.
(ii) that Mrs Smith has no claim or right to any area of land lying to the south of the said boundary line (that is in the direction of 49 St Anne's Drive) including that which is and is shown generally on the said plan as a stream which land and banks and bed of the stream is the property of Mrs Fox-Roberts save only that Mrs Smith has such claims and rights as arise from ownership of the land or bank of the stream along the line marked D-E-F-G-H over the bed of the stream to the midpoint thereof which is and is hereby declared to be that area hatched and coloured yellow on the said plan being measured and calculated in accordance with the said Schedule of Measurements."
"... a reservation out of Mrs Fox-Roberts' ownership of certain rights in favour of Mr Smith;"
in his capacity, I would add, as owner of what the consent order calls "the land or bank of the stream along the line marked D-E-F-G-H".