Paul Byrne & Anor v William George James Archer & Anor
| Court | Chancery Division |
| Judge | His Honour Judge Richard Williams |
| Neutral Citation | [2025] EWHC 1136 (Ch) |
| Date | 09 May 2025 |
| Year | 2025 |
| Counsel | David Taylor |
Neutral Citation Number: [2025] EWHC 1136 (Ch)
Claim No: PT 2022 BHM 000107
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY
COURTS IN BIRMINGHAM
PROPERTY TRUSTS AND PROBATE LIST (ChD)
BEFORE:
HIS HONOUR JUDGE RICHARD WILLIAMS
(Sitting as a Judge of the High Court)
Priory Courts
33 Bull Street
Birmingham, B4 6DS
Date: 9 May 2025
BETWEEN:
(1) MR PAUL BYRNE
(2) MRS JULIE ANN BYRNE
Claimants
- and-
(1) MR WILLIAM GEORGE JAMES
ARCHER
(2) MRS ROSEMARY ANN ARCHER
Defendants
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Representation:
The Claimants represented themselves
David Taylor (instructed by Nigel Davis Solicitors) for the Defendants
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Site visit: 14 January 2025
Hearing dates: 15, 16, 17, 20, 21 January 2025, and 9 May 2025
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Page 1
JUDGMENT
Introduction
1. These proceedings in essence concern a dispute between neighbours over the
ownership of 2 hedges. In summary, the Claimants claim that the hedges are jointly
owned, whereas the Defendants counterclaim exclusive ownership. It is not
disputed that the hedges belong to the persons in whose ground they are planted,
and so I must decide where the disputed legal boundaries lie in relation to the stems
of the hedges.
2. On 30 September 2019, Mr Paul Byrne (“C1”) and Mrs Julie Ann Byrne (“C2”)
(together “the Claimants”) purchased a freehold residential property (“Hillsway”)
in the village of Dalbury Lees, Derbyshire.
3. Mr William George James Archer (“D1”) and Mrs Rosemary Ann Archer (“D2”)
(together “the Defendants”) own, and have done so for many years, the freehold
residential property (“Brookfields”), which lies immediately to the south of
Hillsway. In addition, D1 owns agricultural land, which lies to the west of Hillsway
(“the Fields to the West”).
4. Therefore, the parties share two common boundaries:
a. the southern boundary of Hillsway (“the Southern Boundary”); and
b. the western boundary of Hillsway (“the Western Boundary”).
5. The disputed hedges are planted in the vicinity of those common boundaries.
Orientation
6. For orientation purposes only:
a. The following plan shows the layout of the parties’ land with Hillsway
outlined in blue, Brookfields outlined in green, and the Fields to the West
outlined in red. The Western Boundary is marked between points A-B, and
the Southern Boundary is marked between points B-C. –
Page 2
b. The following plan identifies other parcels of land that were referred to in
the evidence. They are ‘Robinson Fields’, which lie to the north of Hillsway,
and the ‘Allotment Gardens’, which lie to the south of the rear garden of
Brookfields. There are further hedges in the vicinity of the common
Page 3
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