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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Charalambous v Welding  EWCA Civ 1578 (14 December 2009)
Cite as:  EWCA Civ 1578
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM GLOUCESTER COUNTY COURT
(HIS HONOUR JUDGE HARRINGTON)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE WARD
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Robert Trevis (instructed by Pinkerton Leeke and Co) appeared on behalf of the Respondent.
Crown Copyright ©
Lord Justice Stanley Burnton:
"All I can say is, that for the 18 years we lived in No. 14, it was a tacit mutual agreement that we regarded our boundary to run from the corner of the wall to the large shrub -- Pyracantha -- in the border. We never experienced any problems over this."
Lord Justice Ward:
"It does not seem to me that when Mr Pratt and Mr Pearson were discussing the landscaping and who was going to be responsible for doing it and how it was going to be done, that they either discussed or intended to enter into any agreement about the boundary line. I, therefore, find there was no express or implied oral agreement about the line of the boundary."
" … so she did not see the layout. He was quite happy and I said to him at the time, and I recall saying it to him, "Are we agreed that we do this?" and he said "Yes, I agree to that." That is clear in my mind as I stand here today under oath. And so I went ahead and did what I just described we did and it was never raised. He never came round to me and said: "I think that boundary is the wrong boundary, I think this is wrong and that's wrong." I never had the builders come and challenge the layout at all, so there was no challenge put to me at all once the landscaping had been done. That is an agreement to do something not to fix a boundary."
"The boundaries were not discussed, no, because as far as I was concerned it was clear to me what my boundary was and when I say it was not discussed he knew where his boundary was and I knew where my boundary was and I went over his boundary in terms of the landscaping."
"I accept the evidence I have heard from the defendants and the former occupants of number 15 about their 'understanding' as to where the boundary line ran. Given the position of the Pyracantha bush in particular and the other plants it seems to me it is wrongly assumed that that was where the boundary line ran."
Order: Appeal dismissed.