Later deeds
Later deeds
Two later transactions involved the application land.
On 12 June 1918 Lt Lucas-Shadwell and Mr Harvey sold land called The Hundreds to Clara Lansdell. The land was to the north of Westcot and of the application land. Again Thomas Dunlop joined in the conveyance. No copy of the conveyance is available but it is clear from the register of title to The Hundreds that Clara Lansdell was granted by the conveyance a right of way over the application land. It appears therefore that Thomas Dunlop joined in the conveyance for the purposes of granting the right of way.
In 1933 Thomas Dunlop conveyed another field, plot 211 to the southeast of the application land, to Beatrice Eves. The land was conveyed:
“Together with full right and liberty for the Purchaser and her successors in title … for all purposes … to go pass and repass over [the application land]”.
- 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
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