Cornish Hedges, Post and Wire Fences and Boundary Problems

The Court of Appeal’s judgment in Drake and another v Fripp [2011] EWCA Civ 1279 deals with a boundary dispute.

Did the boundary follow a Cornish Hedge, or a nearby Post and Wire Fence?  They were four to five metres apart, and the area between the two amounted to 1.5 acres or thereabouts.

The case report should be an interesting and useful read for estate managers, students in particular, as it deals with an appeal against an appeal – so the process which applies to this type of dispute can be followed.

It also deals with some common issues in the definition of boundaries.  For example the transfer plan was stated to be ‘Not to Scale’, and ‘For identification purposes only’ – designations which combined to make it useless for the purpose of defining the boundary in question.

There is also a reference to the status of ‘general boundaries’ under Land Registration rules, and the process of ‘rectification’ by which an adjudicator can correct mistakes in title boundaries and other mishaps.

The post and wire fence won by the way, but read the report itself for why.  You’ll also find out what a Cornish Hedge looks like.

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