The objectors were owners of a neighbouring property who had erected a panel fence between their property and the churchyard. The incumbent and churchwardens, who disputed the boundary line marked by the fence, sought a faculty permitting the removal of the fence and the erection of an alternative fence, and giving directions as to the ownership and maintenance responsibilities of the stone retaining wall on the boundary between the properties.
In the course of the matter's long pre-trial history, the petitioners and objectors agreed that the consistory court should conclusively determine the issue of where the boundary between the properties lies. The chancellor adopted with approval the reasoning of Chancellor McGregor in Re St John the Evangelist, Burford (noted above). The chancellor examined the evidence available and concluded that the stone retaining wall was built on rectorial land and, in those circumstances, the petitioners had accepted the parochial church council's responsibility for its maintenance. The panel fence had been removed and the chancellor granted a faculty for its replacement by the petitioners along the boundary between the properties. [RA]