Haynes & Anor v Willis [2009] EWCA Civ 776 (03 June 2009)

Haynes & Anor v Willis [2009] EWCA Civ 776 (03 June 2009)

The transfer plan, as agreed and executed by the parties, is sufficiently clear to delineate the extent of the land and parking transferred. Discrepancies or alleged inaccuracies do not justify departing from the plan's literal interpretation in the absence of a rectification claim.

Source-derived case information.

Citation
[2009] EWCA Civ 776
Parties
Appellant: Haynes & Anr; Respondent: Willis
Jurisdiction
England and Wales
Judgment Date
03 June 2009
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Interpretation of Transfer Plan, Boundary Dispute, Right of Way, Rectification
Property Law Interpretation of Transfer Plan Boundary Dispute Right of Way Rectification

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Parties

Haynes & Anr

Appellant

Willis

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 What was the extent of land and parking transferred under the 1990 conveyance?
  2. 2 Should the transfer plan be interpreted literally despite alleged inaccuracies?
  3. 3 Is there justification for rectification or reinterpretation of the plan?

Ratio Decidendi

The transfer plan, as agreed and executed by the parties, is sufficiently clear to delineate the extent of the land and parking transferred. Discrepancies or alleged inaccuracies do not justify departing from the plan's literal interpretation in the absence of a rectification claim.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the County Court upheld
  • No rectification or reinterpretation of the transfer plan