Vowles v Miller

JurisdictionEngland & Wales
Date1810
CourtCourt of Common Pleas
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6 cases
  • Alan Wibberley Building Ltd v Insley
    • United Kingdom
    • House of Lords
    • 29 April 1999
    ...boundary lies along the edge of the ditch on the far side from the hedge. The basis of this presumption was explained by Lawrence J. in Vowles v. Miller (1810) 3 Taunt. 137, 138: "The rule about ditching is this: No man, making a ditch, can cut into his neighbour's soil, but usually he cuts......
  • Alan Wibberley Building Ltd v Insley
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 November 1997
    ...not and did not change. 20 The origin of the presumption can be traced back to observations of Lawrence J. in the course of argument in Vowles -v- Miller [1810] 3 Taunt. 137 when he said:- "The rule of about ditching is this. No man, making a ditch, can cut into his neighbour's soil, but us......
  • Steward (William Edward) v Gallop (Harold James) and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 July 2010
    ...the boundary lies along the edge of the ditch on the far side from the hedge. This was explained as long ago as 1810 by Lawrence J in Vowles v Miller 3 Taunt 137 as follows: “The rule about ditching is this. No man, making a ditch, can cut into his neighbour's soil, but usually he cuts it t......
  • John Agnew v Peter McCartney and Mairead Doherty v Eugene McGlade and Judith Margaret McGlade
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 26 May 2005
    ...... See Lawrence J in Fowles v Miller [1810] 3 Taunt 137. That would be consistent with the existence of a bank, which is very steep in places, on the Rathlure side of the property. On ......
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1 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Preliminary Sections
    • 29 August 2012
    ...Vaughan d Atkins v Atkins (1771) 5 Burr 2764, 98 ER 451 24.4 Veley v Burder (1841) 12 Ad & E 265, 113 ER 812 4.2, 24.1 Vowles v Miller (1810) 3 Taunt 137, 128 ER 54 6.7 Wakefield v Duke of Buccleuch (1867) LR 4 Eq 613, on appeal LR 4 HL 377, 39 LJCh 441, 23 LT 102 11.6 Walker v Burton [2012......

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