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England and Wales decisions
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The High Court construed a will clause giving residue to “the daughter of Lily Mason” and held the gift referred to Lily Mason’s two daughters in equal shares.
Denno & Anor v White & Anor (Determined boundary - general boundaries - finding as to location of boundary - construction of conveyance - extrinsic evidence) [2026] UKFTT 453 (PC) (19 March 2026)
The tribunal dismissed a determined boundary application over West Colleton and Little Colleton, finding the boundary lay at the midpoint of a stream.
The Tribunal cancelled a determined boundary application over West Colleton and Little Colleton, but made a binding finding that the boundary lies at the midpoint of a stream.
The tribunal determined a disputed driveway boundary between two neighboring freehold homes, holding that the legal boundary followed the red line on the agreed plan.
The 2002 Transfer and its plan did not exclude the Disputed Land; only the land defined as 'Retained Land' was retained by Mr Jelbert. The plan and parcels clause were clear and unambiguous, and extrinsic evidence was inadmissible. Business common sense supported the claimant's construction, as retention of the Disputed Land would landlock the property.
Source excerpt
The Tribunal determined the boundary between 2 and 3 Jenner Close by accepting the applicant’s measured plan and rejected reliance on fencing, planning plans, and estoppel.
The tribunal held that the long-established 1967 fence line was the legal boundary between 1 and 3 Gaskell Road and that the survey plan accurately mapped it.
The Privy Council held that the disputed Carriacou land formed part of the Grand Ance estate and that the foreshore presumption was not established.
Pathway Finance SARL v The Defendants Set Out In Annex 1 To the Claim [2020] EWHC 1191 (Ch) (15 May 2020)
The High Court construed 87 accession deeds to correct an erroneous security-agreement date, holding the deeds referred to the earlier 2011 security agreement.
Jeffreys & Ors v Scruton & Ors [2020] EWHC 536 (Ch) (09 March 2020)
The High Court held that a will’s fallback trust for siblings’ issue operated separately, so trustees could not add beneficiaries once it took effect.
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