Conveyance
Manor Farm Barns (Essington) Ltd v Clair [2020] EWHC 3030 (QB), [2020] All ER (D) 119 (Nov)
The appellant’s appeal against the dismissal of his counterclaim in a boundary dispute case was dismissed. The Queen’s Bench Division held that the judge had not erred in construing the appellant’s express right of way as extending only over that part of the access road to his property which lay to the north of the gates shown on the plan to the relevant conveyance (the transfer), rather than extending over the whole of the area which was cross-hatched and coloured blue on the plan. The court held that a construction consistent with the language of the transfer was more persuasive than one which required a departure from it, and that the judge had been entitled, and correct, to decide that nothing had gone wrong with that language and that a reasonable person, knowing the background facts and circumstances, would have understood the parties to mean that the right of way extended over ‘part’
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