Siama Khurshid v Philomena Sam-Yorke

Siama Khurshid v Philomena Sam-Yorke

The evidence overwhelmingly demonstrated that both parties intended only the sale and purchase of 39 Gordon Place, not the Disputed Land. The inclusion of the Disputed Land in the TR1 was a conveyancer’s mistake, not reflecting the parties’ common intention. The First-tier Tribunal erred in disregarding evidence of intention and in excluding relevant witness evidence. Rectification is granted to reflect the true agreement.

Parties
Appellant: Ms Siama Khurshid; Respondent: Ms Philomena Sam-Yorke
Jurisdiction
England and Wales
Judgment Date
12 June 2025
Procedural Posture
Appeal / Upper Tribunal (lands Chamber) Appeal From First Tier Tribunal Decision
Outcome
Appeal allowed; First-tier Tribunal decision set aside; rectification of the TR1 transfer ordered.
Legal Topics
Rectification of Documents, Common Mistake, Conveyancing Error, Land Registration
Land Law Equity Rectification of Documents Common Mistake Conveyancing Error Land Registration

Case Brief

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Parties

Ms Siama Khurshid

Appellant

Ms Philomena Sam-Yorke

Respondent

Procedural Posture

Appeal / Upper Tribunal (lands Chamber) Appeal From First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the TR1 transfer should be rectified to exclude unintended land (the Disputed Land) due to common mistake
  2. 2 Whether there was a common intention between the parties to transfer only 39 Gordon Place and not the Disputed Land
  3. 3 Whether the First-tier Tribunal erred in excluding relevant evidence and misapplied the law on rectification

Ratio Decidendi

The evidence overwhelmingly demonstrated that both parties intended only the sale and purchase of 39 Gordon Place, not the Disputed Land. The inclusion of the Disputed Land in the TR1 was a conveyancer’s mistake, not reflecting the parties’ common intention. The First-tier Tribunal erred in disregarding evidence of intention and in excluding relevant witness evidence. Rectification is granted to reflect the true agreement.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; rectification of the TR1 transfer ordered.

Orders

  • The TR1 of 39 Gordon Place is to be rectified by the inclusion of a plan and by words to make clear that the transfer was of part only of BK402889, excluding the Disputed Land.