| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 111 (May) |
| Neutral Citation: | [2012] EWCA Civ 599 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Mummery LJ, Henderson J and Dame Janet Smith |
| Representation | David Taylor (instructed by DBL Talbot Solicitors) for the claimant. |
| Mohammed Zaman QC (instructed by Martin Kayne LLP) for the defendants. | |
| Judgment Dates: | 9 May 2012 |
Catchwords
Boundary - Conveyance - Conveyance of plot of land - Parcels vague - Plan for identification only - Dispute arising as to area of land conveyed by deed of gift of unregistered land - Court finding surrounding circumstances unhelpful in construing conveyance - Court declining to consider surrounding circumstances - Whether court erring.
The Case
Boundary Conveyance. The Court of Appeal, Civil Division, allowed the appeal, finding that the court had erred in not considering extrinsic evidence when construing the area transferred in a deed of gift, where neither the parcels clause nor the attached plan described the area adequately.
Practice Areas
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