Wellington Properties Ltd v Second Duke of Westminster, Trustees of the Will of & Anor

Wellington Properties Ltd v Second Duke of Westminster, Trustees of the Will of & Anor

Clause 3(b) of the Transfer, when construed in the context of the whole document and its purpose, refers to walls separating 39HP from adjoining buildings, not from adjoining land such as the Garden, and thus does not make the Garden Wall a party wall.

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
Appeal / Judgment on Appeal From County Court at Central London
Outcome
Appeal allowed
Legal Topics
Party Walls, Interpretation of Transfer Deeds, Leasehold Enfranchisement, Construction of Contractual Clauses
Property Law Contract Law Party Walls Interpretation of Transfer Deeds Leasehold Enfranchisement Construction of Contractual Clauses

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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

Appeal / Judgment on Appeal From County Court at Central London

Legal Issues

  1. 1 Whether the Garden Wall is a party wall within the meaning of section 38(1) of the Law of Property Act 1925 and section 20 of the Party Wall etc Act 1996
  2. 2 Proper construction of clause 3(b) of the Transfer dated 25 April 1990

Ratio Decidendi

Clause 3(b) of the Transfer, when construed in the context of the whole document and its purpose, refers to walls separating 39HP from adjoining buildings, not from adjoining land such as the Garden, and thus does not make the Garden Wall a party wall.

Court Disposition

Appeal allowed

Orders

  • Declaration that the Garden Wall is not a party wall within the meaning of the relevant statutes or the Transfer