Taylor v Lambert & Anor

Taylor v Lambert & Anor

Where a conveyance contains an internal inconsistency between a precise area measurement and the physical features on the ground, supported by the plan and the description of the property, the physical features and objective intention of the parties ascertained from the circumstances at the time of the transaction prevail. The area measurement is disregarded if it cannot by itself define the boundary and is inconsistent with the reality on the ground.

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 Decision
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Interpretation of Conveyances, Extrinsic Evidence, Land Registration
Property Law Land Law Boundary Disputes Interpretation of Conveyances Extrinsic Evidence Land Registration

Case Brief

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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 Decision

Legal Issues

  1. 1 What is the correct boundary between The Moorings and Bridge Stores as conveyed in 1974?
  2. 2 Does the precise area measurement in the conveyance prevail over physical features and the plan?
  3. 3 Is extrinsic evidence admissible to resolve inconsistencies in the conveyance?

Ratio Decidendi

Where a conveyance contains an internal inconsistency between a precise area measurement and the physical features on the ground, supported by the plan and the description of the property, the physical features and objective intention of the parties ascertained from the circumstances at the time of the transaction prevail. The area measurement is disregarded if it cannot by itself define the boundary and is inconsistent with the reality on the ground.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.