Cook v JD Wetherspoon Plc [2006] EWCA Civ 330 (31 March 2006)

Cook v JD Wetherspoon Plc [2006] EWCA Civ 330 (31 March 2006)

Where a conflict exists between a dimension marked on a conveyance plan and the scaled measurement of the plan, the boundary is to be determined by reference to topographical features existing at the time of transfer, not by the marked dimension alone.

Citation
[2006] EWCA Civ 330
Parties
Claimant: Emmanuel Cook; Defendant: JD Wetherspoon Plc
Jurisdiction
England and Wales
Judgment Date
31 March 2006
Procedural Posture
Civil Appeal / Appeal From Chester County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Land Transfer, Boundary Disputes, Interpretation of Conveyance Plans
Property Law Land Transfer Boundary Disputes Interpretation of Conveyance Plans

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Parties

Emmanuel Cook

Claimant

JD Wetherspoon Plc

Defendant

Procedural Posture

Civil Appeal / Appeal From Chester County Court to Court of Appeal

Legal Issues

  1. 1 Whether the boundary of the land transferred should be determined by the dimension marked on the plan (40 feet) or by scaling the plan (30 feet) and topographical features.

Ratio Decidendi

Where a conflict exists between a dimension marked on a conveyance plan and the scaled measurement of the plan, the boundary is to be determined by reference to topographical features existing at the time of transfer, not by the marked dimension alone.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Chester County Court is affirmed.