Conveyancing in UK Law

Leading Cases
  • Alan Wibberley Building Ltd v Insley
    • House of Lords
    • 29 April 1999

    It follows that if it becomes necessary to establish the exact boundary, the deeds will almost invariably have to be supplemented by such inferences as may be drawn from topographical features which existed, or may be supposed to have existed, when the conveyances were executed.

  • Wigginton & Milner Ltd v Winster Engineering Ltd
    • Court of Appeal (Civil Division)
    • 07 December 1977

    When a court is required to decide what property passed under aparticular conveyance, it must have regard to the conveyance as a whole, including any plan which forms part of it. It is from the conveyance as a whole that that intention must he ascertained.

    In the present case the plan on the conveyance does help in that respect to solve an aspect of the problem of identifying the property conveyed which is not solved in any way by the very brief description of the parcels contained in the schedule. I am comforted to find that that conclusion coincides with indications of what the parties thought had happened which are to be found in the later conveyancing history, but I do not rely upon that as the basis of my decision.

  • Strachey v Ramage
    • Court of Appeal (Civil Division)
    • 16 July 2008

    That required a consideration of the February conveyance in the context of the surrounding circumstances in which it was granted, and having regard also to any evidence properly admissible for the purposes of its interpretation. It is, however, fundamental that the parcels clause in a conveyance should not be considered in isolation from the remainder of the document.

  • Ingram and Another v Commissioners of Inland Revenue
    • House of Lords
    • 10 December 1998

    If one looks at the real nature of the transaction, there seems to me no doubt that Ferris J. was right in saying that the trustees and beneficiaries never at any time acquired the land free of Lady Ingram's leasehold interest. This is true and if, in addition to the leasehold estate which she reserved, Lady Ingram had obtained by covenant any additional benefits, as in In re Nichols, deceased [1975] 1 W.L.R. 534, they would have been benefits reserved.

  • Joyce v Rigolli
    • Court of Appeal (Civil Division)
    • 12 February 2004

    In this case, the judge was rightly critical of what he also termed "sloppy conveyancing". I agree with his comment that this case illustrates the time and trouble which can be caused by sloppy conveyancing. It would have been far more satisfactory to the vendor, Mrs Joyce, if the boundary had been fixed in a proper manner before she sold 6 Chanton Drive to Mr Rigolli's predecessor in title.

  • Abbey National Building Society v Cann
    • House of Lords
    • 29 March 1990

    Nevertheless, I cannot help feeling that it flies in the face of reality. The reality is that, in the vast majority of cases, the acquisition of the legal estate and the charge are not only precisely simultaneous but indissolubly bound together. The acquisition of the legal estate is entirely dependent upon the provision of funds which will have been provided before the conveyance can take effect and which are provided only against an agreement that the estate will be charged to secure them.

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Legislation
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Books & Journal Articles
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Forms
  • Chapter SDLTM00270
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......This is notwithstanding the fact that in conveyancing theory a reservation operates by way of re-grant. It follows that the presence of an exception or reservation does not of itself mean that there is ......
  • Chapter IHTM04034
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ......The word ‘power’ in the phrase ‘power or authority’ is not used in a technical conveyancing sense, as in power of appointment, but in the sense of capacity (Re Penrose [1933] Ch 793). Thus general power may include the choice of appointing ......
  • Chapter SDLTM04042
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... of transactions will not be “involved” with other transactions simply because it is part of a series or sequence of successive conveyancing transactions. The linkage must be more than merely being a party in a chain of transactions and the test must be more than a “but for” test (or, ......
  • Chapter EIM45225
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... move house because their existing home is too far from the new location, they can claim back various defined removal expenses (such as conveyancing and estate agents’ fees). B has taken on a commercial relocation assistance company to administer this. The terms of the employee relocation policy ......
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