Pub owner JD Wetherspoon has won a Court of Appeal dispute over a 10ft-wide strip of land on the boundary of one of its pubs in South Wirral, Cheshire.
Two appeal judges ruled that “ambiguities” in a plan of the Ellesmere Port-based Wheatsheaf Pub, which was purchased by Wetherspoon in 2000, should be interpreted in the company’s favour.
They rejected claims by former owner Emmanuel Cook that he had intended to retain a 40ft-wide strip of boundary land, as stated in writing on the plan, rather than 30ft, as indicated by the scale of the diagram.
Sir Martin Nourse said that the conflict had to be resolved “by reference to such inferences as may be drawn from topographical features that existed when the conveyance or transfer was executed”.
He upheld a county court judge’s findings that the 30ft boundary would “coincide with features on the ground”, including a concrete apron at the edge of a car park, that could sensibly be regarded as boundary features.
Nourse also agreed that Cook’s approach would, “absurdly”, cause the boundary to run right through a building at the northern end of the Overpool Road pub.
Cook v JD Wetherspoon plc Court of Appeal (Ward LJ and Sir Martin Nourse) 31 March 2006.
Richard Oughton (instructed by Hill Dickinson, of Liverpool) appeared for the appellant; Michael Driscoll QC (instructed by Eversheds, of Manchester) appeared for the respondent.
References: EGi Legal News 31/03/06
