Nicholas Kossodo Weaver v Deborah Smith

Nicholas Kossodo Weaver v Deborah Smith

On the proper construction of the deed, the right of way granted to Mr Weaver continues through the gate at point A, over the yard at Blaenclydach, to the highway. If this construction were incorrect, rectification would be ordered as the parties intended the right to reach the highway.

Parties
Claimant: Nicholas Kossodo Weaver; Defendant: Deborah Smith
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Property/easement Dispute / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Easements, Deed Construction, Rectification of Instruments
Property Law Land Law Easements Deed Construction Rectification of Instruments

Case Brief

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Parties

Nicholas Kossodo Weaver

Claimant

Deborah Smith

Defendant

Procedural Posture

Civil Property/easement Dispute / Judgment After Trial

Legal Issues

  1. 1 Proper construction of a deed of easement regarding the extent of a right of way
  2. 2 Whether the deed should be rectified to reflect the parties' intentions if construction fails

Ratio Decidendi

On the proper construction of the deed, the right of way granted to Mr Weaver continues through the gate at point A, over the yard at Blaenclydach, to the highway. If this construction were incorrect, rectification would be ordered as the parties intended the right to reach the highway.

Court Disposition

Claim allowed

Orders

  • Declaration that the right of way granted by the deed continues through the gate at point A, over the yard at Blaenclydach, to the highway.
  • Directions for parties to file written submissions and a draft order on consequential matters within 14 days if not agreed.