Charlton v Forrest [2024]: How Courts Determine Boundaries Without Original Conveyances
If you’re involved in a boundary dispute and the original conveyances are missing, you might wonder how the court will decide where the boundary lies. The recent case of Charlton & Another v Forrest & Others [2024] EWHC 1014 provides important insights into how courts rely on historical evidence, aerial photographs, and topographical features to resolve such disputes.
What Happens If Original Conveyances Are Lost?
A boundary dispute typically involves examining the original conveyance that separated two properties. However, when such documents are lost or unavailable, the court must rely on alternative evidence to determine the correct boundary.
In Charlton v Forrest, the Land Registry plans were deemed unreliable due to the General Boundaries Rule, and witness testimony was considered irrelevant. The court instead relied on:
- Historical aerial photographs dating back to 1945
- Ordnance Survey (OS) plans
- Topographical features present at the time of land division
Case Background: Charlton v Forrest [2024]
The Dispute
- The dispute involved a row of trees that historically divided two plots of land.
- The defendants cut down the trees and built a new fence.
- The claimants alleged trespass, arguing the trees were jointly owned and their removal required consent.
- The defendants claimed the trees were entirely on their land.
Challenges in Determining the Boundary
- No original conveyances were available—they were "lost in the mists of time."
- Land Registry plans were of little use due to the General Boundaries Rule.
- Witness evidence was considered irrelevant to determining the boundary.
How the Court Determined the Boundary
1. Expert Surveyor Reports Were Not Decisive
- Both parties instructed expert surveyors, who eventually agreed on the boundary’s position.
- The judge ruled that expert conclusions were not binding—the final boundary determination was a question of fact for the court.
- While expert reports were helpful, their conclusions were not admissible expert opinions in this context.
2. Aerial Photographs Played a Key Role
- The judge examined aerial photographs dating back to 1945, which showed a consistent tree line marking the historic boundary.
- Although additional vegetation had grown over time, the main tree line remained unchanged, confirming the original boundary.
- The court ruled in favor of the defendants, dismissing the trespass claim.
Key Takeaways for Boundary Disputes Without Original Conveyances
- Expert opinions do not determine the boundary – While expert reports compile useful evidence, the court makes the final decision.
- Aerial photographs are crucial evidence – Historical images can reveal long-standing boundary features like trees, hedges, or fences.
- Land Registry plans are not legally precise – The General Boundaries Rule means they only provide an approximate boundary.
- Topographical features matter – Physical markers present at the time of the original land division can serve as strong evidence.
Final Thoughts
The Charlton v Forrest [2024] case serves as a reminder that courts rely on historical evidence, aerial imagery, and topographical features to settle boundary disputes when original conveyances are missing. If you’re involved in a dispute, gather all available evidence early, as this can save time, money, and stress in reaching a resolution.