Wellington Properties Ltd v Second Duke of Westminster, Trustees of the Will of & Anor [2018] EWHC 3048 (Ch) (13 November 2018)

Wellington Properties Ltd v Second Duke of Westminster, Trustees of the Will of & Anor [2018] EWHC 3048 (Ch) (13 November 2018)

Clause 3(b) of the Transfer, properly construed in context and to avoid inconsistency with the parcels clause and the purpose of enfranchisement, applies only to walls separating 39HP from adjoining buildings, not the Garden Wall; thus, the Garden Wall is not a party wall.

Citation
[2018] EWHC 3048 (Ch)
Parties
Claimant/respondent: Wellington Properties Limited; Defendant/appellant: The Trustees of the Will of the Second Duke of Westminster; Defendant/appellant: Grosvenor Estate Belgravia
Jurisdiction
England and Wales
Judgment Date
13 November 2018
Procedural Posture
Chancery Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Party Wall Definition, Interpretation of Transfer Clauses, Leasehold Enfranchisement
Property Law Contract Law Party Wall Definition Interpretation of Transfer Clauses Leasehold Enfranchisement

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Parties

Wellington Properties Limited

Claimant/respondent

The Trustees of the Will of the Second Duke of Westminster

Defendant/appellant

Grosvenor Estate Belgravia

Defendant/appellant

Procedural Posture

Chancery Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Garden Wall is a party wall under section 38(1) Law of Property Act 1925 and section 20 Party Wall etc Act 1996
  2. 2 Proper construction of clause 3(b) of the Transfer

Ratio Decidendi

Clause 3(b) of the Transfer, properly construed in context and to avoid inconsistency with the parcels clause and the purpose of enfranchisement, applies only to walls separating 39HP from adjoining buildings, not the Garden Wall; thus, the Garden Wall is not a party wall.

Court Disposition

Appeal allowed

Orders

  • Declarations that the Garden Wall is not a party wall within the meaning of section 38(1) Law of Property Act 1925 or section 20 Party Wall etc Act 1996