Clark v Barnes [1929] 2 Ch 368

Key point

  • A grant can be rectified to prevent the implication of an easement under s62 LPA 1925

Facts

  • D buyer and C seller agreed that the contract should not include the right of way now claimed by the buyer
  • C seller sought a declaration that D was not entitled to any right of way and conveyance to be rectified to exclude any implication under s62 LPA 1925

Held (High Court)

  • The conveyance was rectified to prevent the implication of a right of way under s62

Luxmoore J

  • Whether C is entitled to rectification of the conveyance depends on whether there has been a mutual mistake between the parties
  • C is entitled to have the conveyance rectified by the insertion of proper words to prevent the implication of a right of way under s62