Johnson v Shaw [2003] EWCA Civ 894 (06 June 2003)

Johnson v Shaw [2003] EWCA Civ 894 (06 June 2003)

The axe head was included in the 1968 and 1982 conveyances to Walter Shaw by virtue of the parcels and acreage described, notwithstanding the plan; rectification of the Register is appropriate to reflect Walter Shaw's paper title, and the claimant is not entitled to damages for trespass as she did not acquire title to the axe head.

Citation
[2003] EWCA Civ 894
Parties
Claimant/respondent: Carmen Johnson; Defendant/appellant: Walter Roy Shaw; Defendant/appellant: Gerald Roy Shaw; Defendant/appellant: Stephen David Shaw
Jurisdiction
England and Wales
Judgment Date
06 June 2003
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Chancery Division
Outcome
Appeal allowed in part
Legal Topics
Rectification of Land Register, Paper Title Vs Registered Title, Overriding Interests, Right of Way, Trespass, Damages for Interference With Easements
Property Law Land Registration Rectification of Land Register Paper Title Vs Registered Title Overriding Interests Right of Way Trespass Damages for Interference With Easements

Case Brief

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Parties

Carmen Johnson

Claimant/respondent

Walter Roy Shaw

Defendant/appellant

Gerald Roy Shaw

Defendant/appellant

Stephen David Shaw

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Chancery Division

Legal Issues

  1. 1 Whether the 'axe head' land was included in the 1968 and 1982 conveyances to Walter Shaw
  2. 2 Whether rectification of the Land Register should be ordered to include the axe head in Walter Shaw's title
  3. 3 Whether Walter Shaw had an overriding interest by actual occupation

Ratio Decidendi

The axe head was included in the 1968 and 1982 conveyances to Walter Shaw by virtue of the parcels and acreage described, notwithstanding the plan; rectification of the Register is appropriate to reflect Walter Shaw's paper title, and the claimant is not entitled to damages for trespass as she did not acquire title to the axe head.

Court Disposition

Appeal allowed in part

Orders

  • Rectification of the Register to include the axe head in Walter Shaw's title
  • No damages for trespass to be paid to the claimant