15 December 2011
Brown and another v Pretot and another [2011] EWCA Civ 1421, [2011] All ER (D) 23 (Dec)
It was settled law that the court, when dealing with a dispute on a boundary following a conveyance, had to interpret the conveyance having regard to the actual and known physical condition of the relevant land at the date of the transfer, rather than have regard to the intention of the parties at the time of the contract. The court’s task was to construe the terms of the transfer as a whole at the date of the conveyance and resolve any contradictions.
