The conveyance created ‘a right of way’. The court considered the manner of construction of a conveyance, saying: ‘We feel no doubt that the proper approach is that upon which the court construes all documents; that is to say, one must construe the document according to the natural meaning of the words contained in the document as a whole, read in the light of the surrounding circumstances.’ However, ‘one may have words so unambiguous that no surrounding circumstances could affect their construction.’
Citations:
[1975] 1 WLR 468
Cited by:
Cited – London Tara Hotel Ltd v Kensington Close Hotel Ltd ChD 1-Nov-2010
The defendant asserted that it had acquired the right to use a private access road over the claimant’s land. There had been a licence granted under which an earlier owner had been said to have used the land. The defendant claimed under the 1832 Act . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 02 May 2022; Ref: scu.425623
