Weaver v Smith [2023] EWHC 1200 (Ch) (19 May 2023)

Weaver v Smith [2023] EWHC 1200 (Ch) (19 May 2023)

On proper construction of the deed, the right of way granted extends from Cwmclydach through Blaenclydach, including the yard, to the highway. If the deed does not make this connection, it should be rectified to do so, as this was the mutual intention of the parties at execution.

Source-derived case information.

Citation
[2023] EWHC 1200 (Ch)
Parties
Claimant: Nicholas Kossodo Weaver; Defendant: Deborah Smith
Jurisdiction
England and Wales
Judgment Date
19 May 2023
Procedural Posture
Property Dispute / Final Judgment
Outcome
Claim allowed
Legal Topics
Easements, Deed Construction, Rectification
Property Law Equity Easements Deed Construction Rectification

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Nicholas Kossodo Weaver

Claimant

Deborah Smith

Defendant

Procedural Posture

Property Dispute / Final Judgment

Legal Issues

  1. 1 Whether the deed of easement grants a right of way from Cwmclydach through Blaenclydach to the highway
  2. 2 Whether the deed should be rectified to extend the right of way to the highway

Ratio Decidendi

On proper construction of the deed, the right of way granted extends from Cwmclydach through Blaenclydach, including the yard, to the highway. If the deed does not make this connection, it should be rectified to do so, as this was the mutual intention of the parties at execution.

Court Disposition

Claim allowed

Orders

  • Declaration that the deed grants a right of way from Cwmclydach through Blaenclydach to the highway
  • Rectification of the deed if necessary to reflect this right