Lovering and another (Respondents) v Atkinson and others (Appellants) (Guernsey)

Judgment given

Case summary
Judgment details
Appeal
Change log

Case summary

Case ID

JCPC/2018/0100

Jurisdiction

Guernsey

Parties

Appellant(s)

Peter John Granville Atkinson

Mark Gerard Ferbrache

Paul Richardson

Respondent(s)

Richard Anthony Baker Lovering

Christine Anne Lovering

Issue

On a correct construction, was there a defect in the Respondents’ title to a residential property so as to make the Appellant liable to the Respondent?

Facts

The Appellants were the Respondents’ legal advisors and conveyancers when the Respondents were purchasing a property ("La Roche Douvre") in early 2009. The Respondents purchased La Roche Douvre from Mrs Harrison ("the 2009 Conveyance"). In 1984 Mrs Harrison had conveyed part of La Roche Douvre’s land to a neighbouring third party ("the 1984 Conveyance"). The question on appeal is whether, on a correct construction, the 1984 Conveyance included part of La Roche Douvre’s driveway. If so, that would mean that the Respondents did not have legal title over the full driveway leading to La Roche Douvre. Arguably this renders the 2009 Conveyance subject to a defect, for which the Appellant may be liable.