The parties disputed rights of way. The court considered the use of extrinsic evidence to construe the conveyance at issue. Robert Walker LJ: ‘It is to my mind clearly a case in which the court needs all the help it can get, and is entitled to make use of all the help it can get, from extrinsic evidence: see the observations of Megarry J in Neilson v Poole.’
Judges:
Robert Walker LJ
Citations:
[1997] EWCA Civ 3069
Jurisdiction:
England and Wales
Citing:
See Also – Hillman and Hillman v Rogers and Rogers CA 30-Apr-1998
A court order can properly be recalled to correct an error before it had been perfected. This appeal was rejected also as attempt to re-litigate the interpretation of a section in the appeal judgement. . .
Cited – Scarfe v Adams CA 1981
Transfer deeds for a sale of land did not define the boundary but referred to a plan which was held to be too small to show a precise boundary. The only other element of the parcels clause was that it was land adjoining Pyle Manor and that it was . .
Cited by:
See Also – Hillman and Hillman v Rogers and Rogers CA 30-Apr-1998
A court order can properly be recalled to correct an error before it had been perfected. This appeal was rejected also as attempt to re-litigate the interpretation of a section in the appeal judgement. . .
Cited – Ali v Lane and Another CA 21-Nov-2006
The parties disputed the boundary between their neighbouring plots of land.
Held: In the modern law the conveyance (parchment or not) is undoubtedly the starting point. Where information contained in the conveyance is unclear or ambiguous, it . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 13 November 2022; Ref: scu.143468