Source: All England Reporter
Publisher Citation: [2002] All ER (D) 234 (Apr)
Court: Chancery Division
Judge:

Robert Engelhart QC sitting as a deputy judge of the High Court
Representation Evan Ashfield (instructed by Lawrence Hamblin, Tonbridge) for the claimant.
  Thomas Seymour (instructed by Lennon & Co, Chesham) for the defendant.
Judgment Dates: 25 April 2002

Catchwords

Land - Conveyance - Title - Transferor conveying parcels of land to claimant and defendant - Transferor subsequently giving option to third parties to purchase part of land - Claimant subsequently attempting to register part of land - Whether claimant owner of land in respect of which registration sought - Whether defendant estopped from asserting claimant owner of land.

The Case

On the proper construction of a conveyance to the claimant, his grandfather had not conveyed the whole of a parcel of land that the claimant had sought to register with the HM Land Registry. Moreover, the purpose and intention of a Tomlin order in settlement of an action brought by the grandfather against the claimant and the defendant had been that the grandfather's entire assets should go to the defendant. Accordingly, the claimant had not acquired title to the that part of the land and it was not included in the title sought to be registered with the Land Registry.

Practice Areas

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