McCullough v Armstrong [2011] EWHC 67 (Ch) (21 January 2011)

McCullough v Armstrong [2011] EWHC 67 (Ch) (21 January 2011)

The 1969 conveyance, properly construed in light of the 1912 conveyance, its plan, and the surrounding circumstances, did not include the track in the property conveyed to Mr McCullough. The track was a separate parcel and not transferred by the 1969 conveyance.

Source-derived case information.

Citation
[2011] EWHC 67 (Ch)
Parties
Appellant: Wilfred John McCullough; Respondent: David Armstrong
Jurisdiction
England and Wales
Judgment Date
21 January 2011
Procedural Posture
Appeal From Deputy Adjudicator to HM Land Registry / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Rectification of Land Register, Conveyancing, Right of Way, Interpretation of Conveyances
Property Law Rectification of Land Register Conveyancing Right of Way Interpretation of Conveyances

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wilfred John McCullough

Appellant

David Armstrong

Respondent

Procedural Posture

Appeal From Deputy Adjudicator to HM Land Registry / Judgment on Appeal

Legal Issues

  1. 1 Whether the 1969 conveyance included title to the disputed track
  2. 2 Whether the right of way was validly granted and registered

Ratio Decidendi

The 1969 conveyance, properly construed in light of the 1912 conveyance, its plan, and the surrounding circumstances, did not include the track in the property conveyed to Mr McCullough. The track was a separate parcel and not transferred by the 1969 conveyance.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay costs of the hearing before the Deputy Adjudicator