Willson and Another v Greene and Another: ChD 10 Nov 1970

A plot of land had been originally sold after being pegged out, but the conveyance plan differed from the line pegged out. The land was again sold with a plan on both contract and conveyance still being incorrect. In each case the plan had been used ‘for identification purposes only’, and the purchaser knew the layout of the actual boundary.
Held: Since the plans were used for identification purposes only, and the parties knew of the actual position of the boundary, the court was entitled to take into account the surrounding circumstances to construe the contract. The actual layout on the land prevailed.

Judges:

Mr Justice Foster

Citations:

[1971] 1 WLR 635

Links:

lip

Jurisdiction:

England and Wales

Citing:

AppliedWebb v Nightingale CA 8-Mar-1957
A boundary line which the parties had agreed and marked out could supersede a plan on a conveyance expressly said to be for identification only. Lord Denning: ‘It seems to me that the line of white stakes with the white peg in the south-east corner . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 28 June 2022; Ref: scu.174087