Turner v Turner [2004] EWCA Civ 1725 (29 November 2004)

Turner v Turner [2004] EWCA Civ 1725 (29 November 2004)

The proper construction of the first and second conveyances, read together and in light of the buildings as they existed in 1988, is that Mrs Turner intended to convey to her son the stable on the ground floor of the brick barn and so much of the first floor as lay above it and was to the south of the partition wall; thus, the stable was conveyed to Mr Douglas Turner and should form part of the property held with title LT332245.

Citation
[2004] EWCA Civ 1725
Parties
Claimant/appellant: Douglas William Turner; Claimant/appellant: Pearl Elizabeth Turner; Claimant/appellant: Paul John Turner; Claimant/appellant: Mark Francis Turner; Defendant/respondent: David Alan Wakefield; Defendant/respondent: Mrs Sally Wakefield
Jurisdiction
England and Wales
Judgment Date
29 November 2004
Procedural Posture
Appeal / Court of Appeal (civil Division), Post Trial
Outcome
Appeal allowed
Legal Topics
Conveyancing, Title to Land, Rectification of Land Registry, Flying Freehold, Interpretation of Conveyances
Property Law Land Registration Conveyancing Title to Land Rectification of Land Registry Flying Freehold Interpretation of Conveyances

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Parties

Douglas William Turner

Claimant/appellant

Pearl Elizabeth Turner

Claimant/appellant

Paul John Turner

Claimant/appellant

Mark Francis Turner

Claimant/appellant

David Alan Wakefield

Defendant/respondent

Mrs Sally Wakefield

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division), Post Trial

Legal Issues

  1. 1 Whether the stable was conveyed to Mr Douglas Turner under the 1988 deed
  2. 2 Proper construction of conveyancing plans and deeds
  3. 3 Rectification of land registry titles

Ratio Decidendi

The proper construction of the first and second conveyances, read together and in light of the buildings as they existed in 1988, is that Mrs Turner intended to convey to her son the stable on the ground floor of the brick barn and so much of the first floor as lay above it and was to the south of the partition wall; thus, the stable was conveyed to Mr Douglas Turner and should form part of the property held with title LT332245.

Court Disposition

Appeal allowed

Orders

  • Declaration that the stable on the ground floor and so much of the first floor as lies to the south of the partition wall was conveyed to Mr Douglas Turner in 1988 and should now form part of the property held with title LT332245.
  • Order for costs below set aside.