Taylor v Lambert & Anor [2012] EWCA Civ 3 (18 January 2012)

Taylor v Lambert & Anor [2012] EWCA Civ 3 (18 January 2012)

Where a conveyance contains an internal inconsistency between a precise area measurement and the physical boundary features apparent at the time of the transaction, the objectively intended boundary as marked on the ground prevails; the measurement is disregarded if it cannot identify the boundary and is inconsistent with the plan and reality.

Citation
[2012] EWCA Civ 3
Parties
Claimant/appellant: Gary Taylor; Defendant/respondent: Terence Lambert; Defendant/respondent: Michelle Lambert
Jurisdiction
England and Wales
Judgment Date
18 January 2012
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Interpretation of Conveyance, Extrinsic Evidence, Land Registration
Property Law Boundary Disputes Interpretation of Conveyance Extrinsic Evidence Land Registration

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Parties

Gary Taylor

Claimant/appellant

Terence Lambert

Defendant/respondent

Michelle Lambert

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the boundary between The Moorings and Bridge Stores should be determined by the precise area stated in the 1974 conveyance or by the physical boundary wall present at the time of conveyance
  2. 2 Admissibility and role of extrinsic evidence in interpreting conveyance parcels clause

Ratio Decidendi

Where a conveyance contains an internal inconsistency between a precise area measurement and the physical boundary features apparent at the time of the transaction, the objectively intended boundary as marked on the ground prevails; the measurement is disregarded if it cannot identify the boundary and is inconsistent with the plan and reality.

Court Disposition

Appeal dismissed

Orders

  • The boundary between The Moorings and Bridge Stores is as marked by the boundary wall constructed in 1974.
  • The area measurement in the 1974 conveyance is disregarded.