Success in Court of Appeal in Boundary & Party Wall case

28th April 2014

In Rashid v Sharif [2014] EWCA Civ 377

Marc Glover acted for the successful appellants in a boundary dispute case. The parties’ gardens to the rear of their respective properties met at the end, separated by a 3ft high brick wall. The Appellants had demolished the brick wall and constructed a breeze block shed, the rear wall of which being on the footings of the original 3ft brick wall.

The Respondent brought proceedings for trespass, claiming that the 3ft brick wall had been built entirely on their land. The lower court judge found that the Appellants had trespassed by 225 mm and granted a mandatory injunction, requiring the Appellants to demolish part of their new breeze block shed and reinstate the 3ft brick wall.

The Appellant challenged the lower court’s findings of fact. The Court of Appeal determined that the 3ft brick wall was not built entirely on the Respondent’s land, rather being built on the boundary line between, the parties’ properties and was accordingly a party fence wall.  The
Court further found that although the Appellants had failed to follow, the requirements of the Party Wall Act 1996 before undertaking works to the 3ft brick wall, it would be wrong to require them to demolish part, of their breeze block shed and reconstruct the 3ft brick wall.

The Court of Appeal also found that it was not possible for the Respondents to claim adverse possession of the land below the 3ft brick wall.

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