Haynes & Anor v Willis

Haynes & Anor v Willis

The transfer plan, as agreed by the parties and supported by the expert's report, provides a sufficiently clear and unambiguous delineation of the land transferred, and the court cannot go behind it in the absence of a claim for rectification.

Parties
Appellant: Haynes & Anr; Respondent: Willis
Jurisdiction
England and Wales
Judgment Date
03 June 2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Land Transfer, Boundary Disputes, Interpretation of Transfer Plans
Property Law Land Transfer Boundary Disputes Interpretation of Transfer Plans

Case Brief

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 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Haynes & Anr

Appellant

Willis

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 What was the extent of land transferred as per the 1990 transfer plan?
  2. 2 Should the court accept the transfer plan as accurate despite discrepancies?
  3. 3 Was there justification for rectification or reinterpretation of the plan?

Ratio Decidendi

The transfer plan, as agreed by the parties and supported by the expert's report, provides a sufficiently clear and unambiguous delineation of the land transferred, and the court cannot go behind it in the absence of a claim for rectification.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.