Harrington Homes (Carbis Bay) Limited v David Hayman & Anor
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
- Construction of conveyancing documents
- Summary judgment
- Retained land
- Extrinsic evidence
- Business common sense