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Brown v Pretot [2011] EWCA Civ 1421

DATE: 30 Nov 2011

In determining a boundary dispute the Court of Appeal applied recent authorities and determined that a judge had placed too much emphasis on a plan annexed to the transfer of the property which expressly stated that it was for identification purposes only, and that he did not take account of the surrounding circumstances, particularly the position of a fence and a garage. The boundary on the plan had to give way to the actual position of the garage and fence.

David Holland QC acted for the successful Appellants.