Smith & Anor v Royce Properties Ltd [2001] EWCA Civ 949 (13 June 2001)

Smith & Anor v Royce Properties Ltd [2001] EWCA Civ 949 (13 June 2001)

Where there is ambiguity between the wording of a conveyance and the plan, the plan may control if that construction accords with commercial sense and the parties' intentions. The option included both 0062 and 0052, and the planning permission for the car park and access road, as part of the allotment scheme, triggered the option.

Citation
[2001] EWCA Civ 949
Parties
Appellant/claimant: John Michael Smith; Appellant/claimant: Marc Phillipe Angst; Appellant/claimant: Rathbone Trust Co (BVI) Ltd; Respondent/defendant: Royce Properties Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2001
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
appeal allowed
Legal Topics
Interpretation of Conveyances, Options to Repurchase Land, Effect of Plans Versus Verbal Descriptions, Triggering of Options by Planning Permission
Property Law Contract Law Interpretation of Conveyances Options to Repurchase Land Effect of Plans Versus Verbal Descriptions Triggering of Options by Planning Permission

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 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

John Michael Smith

Appellant/claimant

Marc Phillipe Angst

Appellant/claimant

Rathbone Trust Co (BVI) Ltd

Appellant/claimant

Royce Properties Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the option to repurchase included parcel 0052 as well as 0062
  2. 2 Whether the grant of planning permission for allotments and ancillary works triggered the option

Ratio Decidendi

Where there is ambiguity between the wording of a conveyance and the plan, the plan may control if that construction accords with commercial sense and the parties' intentions. The option included both 0062 and 0052, and the planning permission for the car park and access road, as part of the allotment scheme, triggered the option.

Court Disposition

appeal allowed

Orders

  • Declaration that the obligation to offer the land for sale to the claimant was valid and subsisting as at 18 April 1997
  • Order that the defendant offer the land for sale to the claimant on the terms of the 1977 conveyance