Bradford & Anor v Keith James & Ors

Bradford & Anor v Keith James & Ors

The presence of a dog leg in the red boundary line on the 1976 Conveyance plan created sufficient ambiguity to admit extrinsic evidence, which, when considered, established that the cobbled area was excluded from the Farm and passed with the Barn in the 1977 Conveyance.

Parties
Appellant: Andrew Bradford; Appellant: Cheryl Bradford; Respondent: Keith James
Jurisdiction
England and Wales
Judgment Date
18 July 2008
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Boundary Disputes, Conveyancing, Admissibility of Extrinsic Evidence
Property Law Boundary Disputes Conveyancing Admissibility of Extrinsic Evidence

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Parties

Andrew Bradford

Appellant

Cheryl Bradford

Appellant

Keith James

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the 1976 Conveyance included the cobbled area within the Farm or excluded it for the benefit of the Barn
  2. 2 Whether extrinsic evidence is admissible to construe the 1976 Conveyance plan

Ratio Decidendi

The presence of a dog leg in the red boundary line on the 1976 Conveyance plan created sufficient ambiguity to admit extrinsic evidence, which, when considered, established that the cobbled area was excluded from the Farm and passed with the Barn in the 1977 Conveyance.

Court Disposition

appeal allowed

Orders

  • Judge's order set aside
  • Declaration of title to the cobbled area in favour of the Bradfords