Harsten Developments Ltd v Eaken & Ors

Harsten Developments Ltd v Eaken & Ors

The legal boundary between 25 and 27 Wickwar Road is the middle line of the box hedge as established by the 1926 conveyance and Ordnance Survey map. The Bleakens misrepresented the extent of their title and failed to disclose an easement of drainage, resulting in substantial difference between the property sold and what was represented. Harsten is entitled to rescind the contract and transfer and claim damages.

Parties
Claimant: Harsten Developments Limited; Defendant: Derek William Bleaken; Defendant: David William Bleaken; Defendant: Oriel Lynne Bleaken; Claimant: John Devlin; Claimant: Marianne Powell
Jurisdiction
England and Wales
Judgment Date
09 October 2012
Procedural Posture
Civil / Final Judgment
Outcome
Claim for rescission and damages allowed.
Legal Topics
Boundary Disputes, Easements, Rescission, Damages, Misrepresentation, Adverse Possession
Property Law Contract Law Misrepresentation Boundary Disputes Easements Rescission Damages Adverse Possession

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Parties

Harsten Developments Limited

Claimant

Derek William Bleaken

Defendant

David William Bleaken

Defendant

Oriel Lynne Bleaken

Defendant

John Devlin

Claimant

Marianne Powell

Claimant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Where is the legal boundary between 25 and 27 Wickwar Road?
  2. 2 Did the Bleakens misrepresent the boundaries and easements when selling the plot to Harsten?
  3. 3 Is Harsten entitled to rescind the contract and transfer for misrepresentation?

Ratio Decidendi

The legal boundary between 25 and 27 Wickwar Road is the middle line of the box hedge as established by the 1926 conveyance and Ordnance Survey map. The Bleakens misrepresented the extent of their title and failed to disclose an easement of drainage, resulting in substantial difference between the property sold and what was represented. Harsten is entitled to rescind the contract and transfer and claim damages.

Court Disposition

Claim for rescission and damages allowed.

Orders

  • Harsten is entitled to rescind the agreement for sale dated 4th October 2007 and the transfer dated 1st November 2007.
  • Harsten to retransfer the land to the Bleakens.