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The factual background
The factual background
I am indebted to the judge in the FTT for his careful account of the factual background to the dispute, and I have reproduced much of what he wrote in the paragraphs that follow.
- 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