Horsfall v Braye [1908] HCA 85

Horsfall v Braye [1908] HCA 85

The subject matter of the negotiations and conveyance was treated as vacant building land to be redeveloped, substantially different from that in connection with which the easement had previously been enjoyed. There was no implied grant of the lane as an easement under the general words. The circumstances and conduct showed no intention that the easement should continue, and, even if the words of the conveyance might include it, this would be inconsistent with the real agreement and subject to rectification. Oral declarations of intention by the vendor were admissible only as surrounding circumstances to ascertain intention, not to vary express words. The purchasers' case fails both as to...

Parties
Appellant; Defendant: Horsfall; Respondents; Plaintiffs: Braye and another
Jurisdiction
Australia
Judgment Date
15 December 1908
Procedural Posture
Appeal / High Court Appeal From the Supreme Court of New South Wales, Equity Division
Outcome
Appeal allowed
Legal Topics
Implied Grant of Easements, Rectification of Conveyances, Vendor and Purchaser, Construction of General Words in Conveyances, Surrounding Circumstances in Contract Interpretation
Property Law Easements Equity Implied Grant of Easements Rectification of Conveyances Vendor and Purchaser Construction of General Words in Conveyances Surrounding Circumstances in Contract Interpretation

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Parties

Horsfall

Appellant; Defendant

Braye and another

Respondents; Plaintiffs

Procedural Posture

Appeal / High Court Appeal From the Supreme Court of New South Wales, Equity Division

Legal Issues

  1. 1 Whether an easement (right of way) over a lane was granted expressly or by implication to the purchasers by the conveyance of land forming part of a larger block.
  2. 2 Whether surrounding circumstances and the parties' intentions may affect the construction of the general words in the conveyance.
  3. 3 Whether oral declarations of intention by the vendor may be considered in the construction or for rectification of the conveyance.

Ratio Decidendi

The subject matter of the negotiations and conveyance was treated as vacant building land to be redeveloped, substantially different from that in connection with which the easement had previously been enjoyed. There was no implied grant of the lane as an easement under the general words. The circumstances and conduct showed no intention that the easement should continue, and, even if the words of the conveyance might include it, this would be inconsistent with the real agreement and subject to rectification. Oral declarations of intention by the vendor were admissible only as surrounding circumstances to ascertain intention, not to vary express words. The purchasers' case fails both as to...

Court Disposition

Appeal allowed

Orders

  • Plaintiffs' suit dismissed
  • No rectification of the conveyance deemed necessary