Sarah Douglas v Ronald Channon

Facts

Ms Douglas has owned 43 Mead Road in Torquay since 2017. Mr Channon has owned the neighbouring property to the south, number 41, since 2021. Proceedings issued on 29 September 2023 centred on the position of the boundary between them. Ms Douglas sought a declaration that the boundary followed a line drawn by her surveyor, Mr Rackham. She also alleged trespass by Mr Channon and his predecessor in title, including the removal of hedging in 2018 and the building of a fence in 2022. Her other claims were destabilisation of her land, nuisance, breach of the measured duty of care and harassment. Mr Channon counterclaimed for a declaration that the boundary followed a different line. He also counterclaimed for diminution in value, harassment, nuisance, trespass and wrongful interference. After a trial at Plymouth County Court between 18 and 26 August 2025, His Honour Judge Mitchell adopted the line A-H-B plotted by Mr Channon's expert, Mr Barber, and dismissed all the other claims and counterclaims. By a second order dated 5 September 2025 he ordered Ms Douglas to pay 70% of Mr Channon's costs and £108,402 on account. Lambert J gave permission on the papers to appeal on two of Ms Douglas's four grounds: Ground 1, on the boundary, and Ground 4, on costs.