Turner v Turner

Turner v Turner

The stable on the ground floor and so much of the first floor as lies to the south of the partition wall was conveyed to Mr Douglas Turner in 1988 and should now form part of the property held with title LT332245. The only sensible construction of the conveyances, in light of the physical layout and the plans, is that the stable passed under the first conveyance.

Parties
Appellant: Douglas William Turner; Appellant: Pearl Elizabeth Turner; Appellant: Paul John Turner; Appellant: Mark Francis Turner; Respondent: David Alan Wakefield; Respondent: Mrs Sally Wakefield
Jurisdiction
England and Wales
Judgment Date
29 November 2004
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Conveyancing, Land Registration, Rectification of Title, Boundary Disputes
Property Law Conveyancing Land Registration Rectification of Title Boundary Disputes

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Parties

Douglas William Turner

Appellant

Pearl Elizabeth Turner

Appellant

Paul John Turner

Appellant

Mark Francis Turner

Appellant

David Alan Wakefield

Respondent

Mrs Sally Wakefield

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the stable formed part of the property conveyed to Mr Douglas Turner by the 1988 deed of gift
  2. 2 Proper construction of the conveyancing plans and deeds in light of the physical layout and historical use of the property

Ratio Decidendi

The stable on the ground floor and so much of the first floor as lies to the south of the partition wall was conveyed to Mr Douglas Turner in 1988 and should now form part of the property held with title LT332245. The only sensible construction of the conveyances, in light of the physical layout and the plans, is that the stable passed under the first conveyance.

Court Disposition

appeal allowed

Orders

  • Declaration that the stable on the ground floor and so much of the first floor as lies to the south of the partition wall was conveyed to Mr Douglas Turner and forms part of title LT332245
  • Order for costs below set aside