Conclusions
Conclusion
The appeal succeeds for the reasons I have given, and I shall direct the chief land registrar to give effect to Mr Dunlop’s application to be registered as proprietor to the application land as if Mr Romanoff’s objection had not been made.
Judge Elizabeth Cooke
29 August 2023
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.
- Heading
- Introduction
- The factual background
- The application land, Lunsford Farm, and Westcott
- The title to Lunsford Farm and to the application land
- The documents executed on 6 June 1918: (1) the conveyance of Westcott
- The documents executed on 6 June 1918: (2) the conveyance of Lunsford Farm
- Later deeds
- The legal principles
- Plan vs words
- Network Rail Infrastructure Limited v Freemont Limited [2013] EWHC 1733 (Ch)
- Wesleyvale Limited v Harding Homes (East Anglia) Limited [2003] EWHC 2291 (Ch)
- The decision in the FTT
- The construction of the 1918 conveyance
- The arguments for the respondent
- Discussion and conclusion on the construction point
- Corrective interpretation, and the further ground of appeal
- Conclusions
![[2023] UKUT 200 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)