First-tier Tribunal (Property Chamber)

(1) Christine Angela Dyball (2) Robert James Dyball (3) Ruth Bolton v (1) Julian William Peter Cunningham (2) Elaine Margaret Cunningham (Practice and Procedure : Summary disposal/strike out) [2018] UKFTT 334 (PC) (29 May 2018)

[2018] UKFTT 334 (PC). Application by Respondents to remove a unilateral notice entered by Applicants, said to protect a Tomlin Order made in County Court proceedings in trespass. In fact no order was ever made, but in 2009 the parties had reached an agreement at mediation which was embodied in a written agreement relating to the line of a section of the common boundary. The agreement envisaged the execution of a Deed confirming the true boundary line but this was never done. A further dispute arose regarding the same boundary line (which under the mediation agreement was to be marked by the erection of a fence by Respondents), following which Applicants applied for the Notice in 2017. Respondents applied to strike out Applicants-™ case on the grounds that it was frivolous and vexatious and/or had no reasonable prospect of success. Strike out application failed. Held that the agreement reached at mediation itself constituted a boundary agreement, which was one of the interests capable of being protected by the Notice.

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