British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Karen Stalley v Jeffrey James Naylor (Boundary dispute : Boundary dispute) [2019] UKFTT 19 (PC) (27 November 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/19.html
Cite as: [2019] UKFTT 19 (PC)
[New search] [Printable PDF version] [Help]
Decision summary
REF/2017/0783
| Case reference | REF/2017/0783 |
|---|---|
| Date of decision | 27/11/2018 |
| Adjudicator | Mr Malcolm Sheehan Q.C. |
| Applicant | Karen Stalley |
| Respondent | Jeffrey James Naylor |
| Main Category & Sub Category | |
| Category | Boundary dispute |
| Sub Category | Determining exact line of boundary |
| Secondary Category & Sub Category | |
| Category | Boundary dispute |
| Sub Category | Determining exact line of boundary |
| Decision notes | [2019] UKFTT 19 (PC). A determined boundary application where the Applicant and Respondent were both litigants in person. The Applicant alleged that the exact line of the rear boundary between two terrace houses was as set out in her application plan. Dimensions for the Applicant’s property were included in prior conveyances but the application plan did not use a reliable reference point for its measurements and the surveyor was not called to give evidence. The Respondent had more than 40 years of direct knowledge of the position of the rear boundary and I accepted his evidence that the boundary followed the line of a previously existing fence. Unfortunately he was unable to describe the position of this fence accurately and I was unable to determine an alternative exact boundary line on the evidence. The Decision has a short summary of the jurisdiction position for defined boundary applications following Lowe & Lowe v. William Davies Limited [2018] UKUT 206 (TCC). |
| Download decision(s) | [2019] UKFTT 19 (PC) |