Lovering and another (Respondents) v Atkinson and others (Appellants) (Guernsey)

Lovering and another (Respondents) v Atkinson and others (Appellants) (Guernsey)

The 1960 Conveyance, by incorporating a scale plan with measurements and without limiting the plan's effect, fixed the boundaries of the driveway as shown on the plan. The sale of a material part of this strip in 1984 meant that, by 2009, the title to the driveway was defective as the legal access was materially reduced. AFR were therefore negligent in allowing the purchase with this defect.

Citation
[2020] UKPC 14
Parties
Respondents: Lovering and another; Appellants: Atkinson and others
Jurisdiction
United Kingdom
Judgment Date
18 May 2020
Procedural Posture
Civil Appeal / Final Appeal Before the Privy Council From the Court of Appeal of Guernsey
Outcome
Appeal dismissed
Legal Topics
Defective Title, Interpretation of Conveyances, Role of Plans in Conveyancing, Damages for Negligence
Conveyancing Professional Negligence Defective Title Interpretation of Conveyances Role of Plans in Conveyancing Damages for Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lovering and another

Respondents

Atkinson and others

Appellants

Procedural Posture

Civil Appeal / Final Appeal Before the Privy Council From the Court of Appeal of Guernsey

Legal Issues

  1. 1 Whether the 1960 Conveyance created a defective title to the driveway due to the sale of part of the land in 1984
  2. 2 Whether the annexed plan or the physical features/boundary markers should prevail in determining the boundaries of the driveway
  3. 3 Whether AFR were negligent in allowing the purchase with an alleged defective title

Ratio Decidendi

The 1960 Conveyance, by incorporating a scale plan with measurements and without limiting the plan's effect, fixed the boundaries of the driveway as shown on the plan. The sale of a material part of this strip in 1984 meant that, by 2009, the title to the driveway was defective as the legal access was materially reduced. AFR were therefore negligent in allowing the purchase with this defect.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the decision of the Court of Appeal of Guernsey is upheld.