| Commentary

108 Garden disputes

| Commentary

C: THE ENCLOSED GARDEN

1: BOUNDARIES

(a) Boundaries: general

108 Garden disputes

In addition to the type of disputes which may arise when the garden is unenclosed such as regarding encroachments and commons rights, there are even more frequent disputes which come before the courts. These include disputes:

  1. 108.1

        between seller and buyer, or landlord and tenant, as to the boundaries or area of garden agreed to be sold, or about what was included with it, such as plants, ornaments1 or even flagstones2; and

  2. 108.2

        (most common of all, especially in the county court) are disputes

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