Johnson v Shaw

Johnson v Shaw

The axe head was included in the 1968 and 1982 conveyances to Walter Shaw by virtue of the verbal description and acreage, despite the plan's exclusion. Rectification should be ordered to include the axe head in Walter Shaw's title, as he held the paper title and was in actual occupation. The award of damages for trespass cannot stand as the claimant was not entitled to the axe head, and there was insufficient evidence for a payment on account for interference with right of way.

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
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Rectification of Land Register, Paper Title Vs Registered Title, Overriding Interests, Adverse Possession, Conveyancing, Trespass, Damages
Land Law Property Law Rectification of Land Register Paper Title Vs Registered Title Overriding Interests Adverse Possession Conveyancing Trespass +1 more

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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

Civil Appeal / Appeal Judgment

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 at the relevant date

Ratio Decidendi

The axe head was included in the 1968 and 1982 conveyances to Walter Shaw by virtue of the verbal description and acreage, despite the plan's exclusion. Rectification should be ordered to include the axe head in Walter Shaw's title, as he held the paper title and was in actual occupation. The award of damages for trespass cannot stand as the claimant was not entitled to the axe head, and there was insufficient evidence for a payment on account for interference with right of way.

Court Disposition

Appeal allowed

Orders

  • Rectification of the Land Register to include the axe head in Walter Shaw's title
  • Payment on account of damages set aside