Citations: [2018] UKFTT 329 (PC) Links: Bailii Jurisdiction: England and Wales Land Updated: 30 May 2022; Ref: scu.623698
Directions [2013] EWLandRA 2013 – 0318 Bailii Land Registration Act 2002 Registered Land Updated: 30 December 2021; Ref: scu.546247
LRA ISSUES – claimed adverse possession of unregistered land – claimed adverse possession under Schedule 6 of the Land Registration Act 2002 – effect of NAP Form – whether paragraph 5 conditions engaged – boundary agreement – estoppel [2012] EWLandRA 2011 – 0722 Bailii Registered Land Updated: 30 December 2021; Ref: scu.546239
The court refused to set aside the council’s decision to register as a common a lesser area then applied for. ‘ Does the council have power to register a smaller area than applied for? It is perfectly true that there is no express power in either the Act or the Regulations to register a smaller … Continue reading Regina (Alfred McAlpine Homes Ltd) v Staffordshire County Council: 17 Jan 2002
The Court was asked: ‘Whether, apart from and without prejudice to paragraph 14 of the defence, the cancellation of the restriction in favour of the claimant on 13th August 2008 and the restriction [sic]’ (by which it is agreed was meant ‘registration’) ‘on that date of Ms Awokiyesi in place of the bankrupt was a … Continue reading Pick v Chief Land Registrar: ChD 21 Jan 2011
Gilliatt The claimant was born in 1949 with barely formed male genitalia. He was registered at birth as a male child. He lived for some of his life as a male and for some time as a female until he underwent gender reassignment surgery in 1999, since which time the claimed lived life entirely as … Continue reading Ryder, Regina (on the Application of) v The Registrar of Births, Marriages and Deaths: Admn 20 Jun 2002
LRA Applications to alter the proprietorship register – dispute as to the properly appointed trustees of a charity – one party directed to commence court proceedings under section 110(1) of the Land Registration Act 2002 – proceedings struck out for failure to obtain consent of the Charity Commission – whether consent of the Charity Commission … Continue reading Khan and Others v Khan and Others (Practice and Procedure): LRA 27 Jan 2011
IPO Trade Mark: Opposition – Section 3(6): – Opposition successful. – Section 5(2)(b): – Opposition successful – The evidence filed by the two parties established that the applicant and the opponents had previously had a trading arrangement. In the UK the opponents were represented by a Mr Zhou and he had been involved with the … Continue reading Walklander: IPO 8 Aug 2002
The opposition was based on four registrations of a device mark which, the opponents claimed, consisted of the letters PC in stylised form. The opposition under Section 5(1) and (5(2)(a) failed automatically as the marks were not identical. Under Section 5(2)(b) the Hearing Officer thought that it was ‘far from certain that consumers would identify … Continue reading Pc Clear (Trade Mark: Opposition): IPO 12 Mar 2002
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
The claimant said that the defendant had infriged its rights by the use of its logo on their publications. Judges: Proudman J Citations: [2011] EWHC 1489 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Ladbroke (Football) Ltd v William Hill (Football) Ltd HL 1964 What is substantial copyingThe plaintiff alleged copying of their … Continue reading Future Publishing Ltd v The Edge Interactive Media Inc and Others: ChD 13 Jun 2011
LRA KEYWORDS – Adverse possession claim – Schedule 6 to the Land Registration Act 2002 – effect of Sections 96 and 97 of the 2002 Act – acknowledgment of title – Section 29 of the Limitation Act 1980 – Without prejudice’ correspondence – whether privileged – alleged perjury Citations: [2008] EWLandRA 2008 – 0321 Links: … Continue reading Michael Walton v Kerguelen Investments Limited (Practice and Procedure): LRA 22 Dec 2008
LRA Rectification of the register – Fraud – ‘Correcting a mistake’ – second charge – Schedule 4 Paragraph 5(1)(a) of the Land Registration Act 2002Ms Ajibade was the registered proprietor of a leasehold flat. Her sister forged a power of attorney in her own favour and in the purported exercise of that power transferred the … Continue reading Ajibade v Bank of Scotland Plc (Formerly Halifax Plc), Endeavour Personal Finance Limited (Alteration and Rectification of The Register): LRA 8 Apr 2008
LRA Adverse possession – locus standi of a person not having an interest in the land – adding new parties – holding a substantive hearing in absence of a party – Limitation Act 1980 Section 15; Schedule 1, paragraphs 1 and 8 – Land Registration Act 2002 Schedule 4; Adjudicator to Her Majesty’s Land Registry … Continue reading Arnold and Arnold v Roughton Land Trust Musker and Musker, (Practice and Procedure): LRA 5 Nov 2007
Citations: [2002] EWCA Civ 1080 Links: Bailii Statutes: Land Registration Act 1925 56(3) Jurisdiction: England and Wales Registered Land Updated: 29 August 2022; Ref: scu.175215
The defendant had been a dentist in the Netherlands. An action for damages was begun against him, but then stayed. Judgment was later entered in the Netherlands after he had moved to the UK, and of which he was ignorant. There was no subsisting right of appeal. The claimant sought to enforce the judgement here. … Continue reading Wim Harry Gerard Maronier v Bryan Larmer: CA 29 May 2002
Judges: Roth J Citations: [2013] EWHC 1382 (Ch) Links: Bailii Statutes: Land Registration Act 2002 15 Jurisdiction: England and Wales Registered Land Updated: 18 August 2022; Ref: scu.510082
Cautions had been registered against land to protect interests claimed in a pending action. The action had been struck out at first instance, an appeal to the Court of Appeal had failed but a petition for leave to appeal to the House of Lords was still pending. Held: On an interlocutory notice of motion Brightman … Continue reading Calgary and Edmonton Land Co Ltd v Discount Bank (Overseas) Ltd: ChD 1971
(The Health Committee of the GMC) The GMC had decided that the registration of the appellant in the register of medical practitioners should remain suspended indefinitely as her fitness to practise had been found to be seriously impaired. She appealed. Held: The Act limited the jurisdiction of the Council under the Act to appeals on … Continue reading Dr Stefan v The General Medical Council (The Health Committee of the GMC) (No 2): PC 6 Mar 2002
Judges: Mr Justice Morris Citations: [2021] EWHC 13 (Admin) Links: Bailii Statutes: Land Registration Act 2002 73(6) Jurisdiction: England and Wales Registered Land Updated: 06 July 2022; Ref: scu.657330
Citations: [2002] EWCA Civ 1710 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – British Medical Association v Chaudhary EAT 30-Apr-2002 . . Cited by: See Also – British Medical Association v Chaudhary CA 15-May-2003 The claimant had sought registration as a specialist medical practitioner by the respondent. His complaint that the crtiria used … Continue reading British Medical Association v Chaudhary: CA 1 Nov 2002
Parties appealed from decisions of the Trade Marks Registry, and requested leave to introduce new evidence. Held: It was not agreed what rules applied on appeals under the 1938 Act. The Trade Mark system had public interest effects as well as private law. The rules governing appeals were therefore different from other regimes. The courts … Continue reading E I Du Pont de Nemours and Co v S T Dupont (1): ChD 31 Oct 2002
The company was a subsidiary of two American companies, but was registered in Scotland. It charged its assets, but the charge was not registered in Scotland. On the insolvency of the company, the respondent chargee claimed it was a fixed charge not requiring registration. The administrators asserted that the charge was a floating charge and … Continue reading Arthur D Little Ltd (in Administration) v Ableco Finance LLC: ChD 27 Mar 2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and business. Judges: Peter Gibson LJ, May LJ Citations: [2002] EWCA Civ 569 Links: Bailii Statutes: Children Act 1989 … Continue reading Bowden and Another v Lancashire County Council: CA 16 Apr 2002
Judges: Lady Justice Arden Lord Justice Longmore And Lord Justice Lewison Citations: [2012] EWCA Civ 736, [2012] 23 EG 97, [2013] 2 WLR 481, [2012] WLR(D) 170, [2013] Ch 305, [2012] 23 EG 9, [2013] 1 BCLC 484, [2012] 2 P andCR 10, [2012] 2 EGLR 141 Links: Bailii, WLRD Jurisdiction: England and Wales Cited … Continue reading Cherry Tree Investments Ltd v Landmain Ltd: CA 31 May 2012
Application under section 404 of the Companies Act 1985 for the registration out of time of a charge Citations: [2001] EWCA Civ 140, [2002] BCC 917, [2001] 2 BCLC 316 Links: Bailii Jurisdiction: England and Wales Company Updated: 11 June 2022; Ref: scu.200725
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants. Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The … Continue reading Williams, Williams v Kiley T/A CK Supermarkets Limited: CA 21 Nov 2002
ECJ EEC-Turkey Association Agreement – Freedom of movement for workers – Article 6(1) of Decision No 1/80 of the Association Council – Scope – Registration as duly belonging to the labour force of a Member State – Turkish national pursuing gainful activity in the course of vocational training – Effects of an expulsion order. Citations: … Continue reading Kurz (ne Yuce) v Land Baden-Wurttemberg: ECJ 19 Nov 2002
Judges: Pill LJ, Lord Walker of Guestingthorpe Citations: [2003] RPC 25, [2002] EWCA Civ 1534 Links: Bailii Statutes: Trades Mark Act 1994 46 Jurisdiction: England and Wales Citing: See Also – Anheuser-Busch Inc v Budejovicky Budvar Narodni Podnik; Budejovicky Budvar Narodni Podnik v Anheuser Busch Inc ChD 20-May-1998 It is possible to grant two identical … Continue reading Podnik v Anheuser-Busch Inc: CA 29 Oct 2002
(New Zealand) The appeal concerned the rating of properties. Where two properties were held under the same land certificates, was this enough to have require only one listing on the valuation roll. New Zealand uses the Torrens style of Land Registration, under which, it was argued, the unit of registration determined also entries for ‘separate … Continue reading Rodney District Council and others v Attorney General: PC 7 Oct 2002
The first defendant appealed the award of interest on an order for specific performance of a contract for the sale of land. It had declined to complete the purchase because the seller had not been registered as proprietor of the land, and the transfer to it had not been stamped. Held: The transfer to the … Continue reading P and O Overseas Holdings Ltd v Rhys Braintree Ltd and Another: CA 12 Mar 2002
The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer. Held: On registration, section 69 operated to vest only the legal title in the prior registered proprietor. The transfer being of no effect in … Continue reading Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others: CA 22 Feb 2002
Various shopkeepers appealed convictions for breach of regulations requiring food sold by weight to be described in metric amounts. They claimed that the Regulations made under the 1985 Act, to the extent that they were inconsistent with it impliedly repealed the 1972 Act to that extent (2(2)). Held: The EC Treaty was unlike others in … Continue reading Thoburn v Sunderland City Council etc: Admn 18 Feb 2002
The standard building contract allowed a contractor to take plant and equipment from a site and sell it in payment of sums due under the contract, upon the other contractor becoming insolvent. It was said that this power amounted to a charge over the company’s assets, and should have registered at Companies House. Upon entering … Continue reading Smith (Administrator of Cosslett (Contractors) Limited) v Bridgend County Borough Council; In re Cosslett (Contractors) Ltd: HL 8 Nov 2001
The applicant sought to register, under the Act, an order against the funds of the defendant, who replied that the order sought to be registered had been obtained in a way which would infringe her human rights if obtained here. As a fugitive she had not been allowed to defend the claim. Held: If the … Continue reading Government of the United States of America v Barnette and another: Admn 2002
Local inhabitants requested the alteration of the Town and Village Green register to include land over which they claimed use as of right for more than twenty years. The difference between acquiescence, which would allow the claim, and tolerance or permission which would defeat it is the presence of some positive act of consent. As … Continue reading Regina (on the application of Beresford) v The City of Sunderland: CA 26 Jul 2001
The court considered whether the goodwill generated by a funk music band called Liberty 1, which had been formed in the late 1980s, was still subsisting in March 2001. Laddie J considered the relevant principles, reviewed the authorities, and said ‘There is one other general matter to deal with before turning to the facts, namely … Continue reading Sutherland v V2 Music Ltd: 2002
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
The claimant sought compensation from the Land Registrar for losses arising from following the results of an index map search. They relied upon a certificate showing certain land to be unregistered, in entering into a contract for its sale. A retention was made against the need to register. The errors caused it to be impossible … Continue reading Prestige Properties Ltd v Scottish Provident Institution and Others: ChD 13 Mar 2002
The claimant sought registration of an open area as a Commons under the 2006 Act. Until 2002 it had been tenanted by a golf club. The inspector had recommended against registration, saying that the use by the public for lawful pastimes had been for more than twenty years, but that this use had been generally … Continue reading Lewis, Regina (on the Application of) v Redcar and Cleveland Borough Council: Admn 20 Dec 2007
LRA On voluntary first registration in 2007, the land registered by mistake included land the paper title to which was vested in the Applicant. It adjoined a block of flats and shops and was used, for the most part under rights granted by their leases, for car parking and waste bins by the tenants. One … Continue reading Knights Construction (March) Limited v Roberto Mac Limited, The Chief Land Registrar (Fraud, Forgery, Duress and Undue Influence): LRA 9 Feb 2011
The court was asked whether the criminalising of trespass to land in the 2012 Act had altered the running of time in applications for registration of title to land by adverse possession. Judges: Ouseley J Citations: [2014] EWHC 1370 (Admin), [2014] WLR(D) 211 Links: Bailii, WLRD Statutes: Legal Aid, Sentencing and Punishment of Offenders Act … Continue reading Best v The Chief Land Registrar and Another: Admn 7 May 2014
The parents were married, but separated after the wife became pregnant. Both the father and mother registered the birth, but under different first names. The father was first, and the mother’s registration was cancelled. None of the authorities about surname disputes applied to a child’s first name. The surname by which a child was registered … Continue reading In re H (Child’s name: First name): CA 29 Jan 2002
LAND REGISTRATION – Land Registration Act 2002, section 108(2) – application to First-tier Tribunal to set aside a deed purporting to cancel restrictive covenants and to impose fresh covenants – applicant not a party to the deed – First-tier Tribunal held that applicant did not have standing to apply to set aside the deed – … Continue reading Flowers v The Chief Land Registrar and Thorpe Estates Limited: UTTC 30 Apr 2018
The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the County court, against whose finding and order that the notices were invalid, both defendants now … Continue reading Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016
The Reef pop group applied to register ‘REEF’ for Classes 25 and 26 – e.g. T-shirts, badges, etc. South Cone opposed them as registered proprietors of ‘Reef Brazil’ for the footwear which also was included in Class 25. South’s reputation was primarily amongst surfers. The Hearing Officer conducted a ‘multi-factorial’ comparison, and rejected the opposition … Continue reading Bessant and others v South Cone Incorporated; in re REEF Trade Mark: CA 28 May 2002
The claimant sought to register and enforce here, a judgment obtained by default in Germany. It was argued that he had not had, under section 27(2) sufficient opportunity to make a proper reply to the proceedings, and that the Brussels Convention created a right of appeal outside the range of appeals under the Civil Procedure … Continue reading TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002
LRA Adverse Possession : Factual Possession – Adverse possession – Closure of possessory title – whether proprietors in possession at date of application – whether monies paid under wayleave agreement sufficient for purposes of section 9(5) of the Land Registration Act 2002 – availability of a qualified title under section 9(4) – Applicants as Defendants … Continue reading Sexton and Others v Gill and Another (Adverse Possession : Factual Possession): LRA 1 Jul 2014
The court was asked whether the proprietor of a registered charge which turns out to have been a forged disposition is entitled to payment by way of indemnity under Schedule 8 to the 2002 Act in circumstances where the registered proprietor and rightful owner of the property was in actual occupation at the date of … Continue reading Swift 1st Ltd v The Chief Land Registrar: CA 1 Apr 2015
The commissioner appealed a dismissal of her case against a council, complaining that the council knowingly or recklessly used personal data for the collection of council tax, for which registration had expired. Held: It was not necessary to show that the individual officer making use of the data had been aware of the breach. The … Continue reading Information Commissioner v Islington London Borough Council: Admn 24 May 2002
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
The defendants had charged a property to the claimant bank to secure a guarantee of borrowings. The signatures were not witnessed as required under section 1(3) of the 1989 Act, and there were other misdescriptions. The bank sought a declaration as to the validity of the charge, and now applied for summary judgment. Held: Applying … Continue reading Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014
The appellant had lived in a caravan on the verge of a byway and had been here for more than twelve years. He appealed against rejection of his request for possessory title. He said that there was no support in law for the maxim that adverse possession was not available against land forming part of … Continue reading Smith, Regina (on The Application of) v Land Registry (Peterborough Office) and Another: CA 10 Mar 2010
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002
The parties had appeared before a hearing officer at the Trade Marks registry. The opponent of the registration sought leave to argue an additional point which, though unpleaded, could have been argued without any significant adjournment. The Officer declined leave. Held: The appeal succeeded. Justice indicated that in these circumstances, where no significant adjournment was … Continue reading E I Du Pont de Nemours and Co v S T Dupont (2): ChD 22 Nov 2002
The claimants sought registration of land as a common, saying that it had been used by the local residents for social activities for many years. The council had licenced the land for use as a golf course for many years. Held: The residents’ appeal failed. In the context of planning applications ‘the test of apparent … Continue reading Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009
LRA Alteration and Rectification of The Register : Discretion of The Registrar and of The Adjudicator – Rectification of the register – Fraud – ‘Correcting a mistake’ – second charge – Schedule 4 Paragraph 5(1)(a) of the Land Registration Act 2002 [2008] EWLandRA 2006 – 0174 Bailii England and Wales Cited by: See Also – … Continue reading Ajibade v Bank of Scotland Plc (Formerly Halifax Plc), Endeavour Personal Finance Ltd: LRA 8 Apr 2008
LRA The Applicant, now in administration, was in business in 2007 to 2008 buying residential properties from owners in occupation for full market value, payable as to 70 per cent on completion and as to the 30 per cent balance, subject to conditions, at the expiry of ten years. At the same time it entered … Continue reading U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013
The testator handed a transfer of the relevant shares to the donee, Mr Hook, together with the relevant certificates. The transfer had not been registered by the date of his death. Held: Equity will not compel an imperfect gift to be completed. Nevertheless, the testator had done everything in his power to divest himself of … Continue reading In re Re Rose, Midland Bank Executor and Trustee Company Limited v Rose: ChD 1949
Strips of land lay between the two hotels operated by the parties. Restrictive covenants had been entered into by the respondent’s predecessors in title. The claimant brought proceedings to enforce the restrictions on the use of the land. An earlier case had been compromised on condition that the covenants be entered on the registers. This … Continue reading Half Moon Bay Limited v Crown Eagle Hotels Limited: PC 20 May 2002
LRA The council challenged the grant of a possessory title to the respondent. He, acting for English Nature had claimed ownership of a section of foreshore of special scientific interest. The respondent argued that the claimant had not asserted any contrary interst and should not be heard. The council appealed against acceptance of that argument … Continue reading Pilling Parish Council v Stephen Wells (Practice and Procedure): LRA 6 Mar 2008
Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980
The claimant had erected a building on land at the rear of his own property in 1986. He sought to register his title. He complained now that he had been granted only possessory and not absolute title. The land had been unregistered, but had belonged to Railtrack, who would not give consent. Held: The claim … Continue reading Diep v Land Registry: Admn 3 Dec 2010
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach. Held: ‘Money in a solicitor’s client account is held on trust. The only question is the terms of that trust.’ … Continue reading Twinsectra Ltd v Yardley and Others: HL 21 Mar 2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its discretion whether to exercise its right to protect a citizen, the … Continue reading Regina (Abbasi) v Secretary of State for Foreign Affairs: CA 6 Nov 2002
The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the necessary intention to possess exclusively of others. Held: The claim failed. A public right of … Continue reading Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009
The Chief Land Registrar appealed against the dismissal of his appeal against the adjudicator’s decision on the cancellation of a unilateral notice. On the day of the adjudication, the Silkstones had purported to withdraw their case, wanting to take it forward instead in the High Court. The adjudicator had proceeded in any event, ordering the … Continue reading The Chief Land Registrar v Silkstone and Others: CA 14 Jul 2011
The General Commissioner had held that an inspector’s refusal to renew a certificate allowing the taxpayer construction company to pay its sub-contractors without deducting income tax, infringed that company’s rights. The inspector appealed.
The applicant was stopped at Customs carrying cigarettes over the quantity set for personal use. His car was seized, and Customs refused to return it. The cigarettes were for his own use and for sale to family members. He claimed the seizure was an . .
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LRA Charges and Charging Orders : Other – Application to register transfer – transfer by local authority – section 55 of land registration act 2002- charge not registered . .
LRA Whether deceased had over-riding interest under paragraph 2 of Schedule 3 to the Land Registration Act 2002 – deceased in occupation – right to seek rectification is over-riding interest – no inquiries made . .
LRA Adverse possession – Land Registration Act 2002 Schedule 6 Paragraph 5 – Proprietary estoppel – Mistaken belief as to the true boundary . .
LRA KEYWORDS: right of way for all purposes over part of bellmouth entrance way adjoining A2 – proprietary estoppel – Land Registration Act 2002, Sch 12, para 9) – Land Registration Rules 1925, r 258 – . .
Land Registration – Adverse Possession – Schedule 6 to the Land Registration Act 2002 – application for registration opposed – paragraph 5 conditions – whether applicants in adverse possession – whether disputed land ‘adjacent to land belonging to . .
The court was asked whether a contract compromising legal proceedings created a proprietary interest in property owned by the defendant in the proceedings and, if so, whether it took priority over a later charging order over the property. Notice of the charging order, but not the contract, was entered against the registered title to the … Continue reading Hughmans Solicitors v Central Stream Services Ltd and Another: CA 20 Dec 2012
The claimant had for many years operated a mobile cafe from a layby on land owned by the respondents. He had claimed title to it by adverse possession. He appealed against rejection of the claim, the court having found that his occupation had not been continuous. Held: The evidence was clear and saitisfactory that he … Continue reading Devanney v London Borough of Hounslow: CA 13 Dec 2012
LRA Alteration of the register-fraud-‘correcting a mistake’-fraudulent transfer and then charge-Schedule 4 paragraph 5(1)(a) of the Land Registration Act 2002-whether the decision in Barclays Bank v Guy is to be preferred over that in Ajibade v Bank of Scotland Whether there are ‘exceptional circumstances’ within paragraph 6(3) to Schedule 4. Citations: [2010] EWLandRA 2009 – … Continue reading Karen Louise Stewart v Lancashire Mortgage Corporation Limited (Alteration and Rectification of The Register): LRA 19 Aug 2010
LRA Adverse possession – Lease – Loft Room – Encroachment on landlord’s title – Accretion to Lease – Limitation Act 1980 – Sch 6 Land Registration Act 2002 – Form NAP – failure to serve counter-notice under Sch 6 para 5 Citations: [2010] EWLandRA 2009 – 0850 Links: Bailii Jurisdiction: England and Wales Registered Land … Continue reading Skipwith v Singh (Adverse Possession): LRA 4 May 2010
LRA Claim under schedule 6 of the Land Registration Act 2002 for adverse possession of a flat by a squatter after the landlord had retaken possession of the flat but without having the leasehold title closed. Claim made to the Land Registry only in respect of the leasehold title. Claim upheld in respect of the … Continue reading Raj Properties Limited v James Walter John Wallace-Jarvis (Adverse Possession): LRA 8 Apr 2010
LRA Profit a prendre; right to exercise common of pasture; doctrine of Lost Modern Grant; Prescription Act 1832; Land Registration Act 2002, ss. 33, 34, 40, 65, sch 4, para. 5(b) or (c); Commons Registration Act 1965, ss 1, 13(b); Commons Act 2006; New Forest Claims Act 1854; New Forest Act 1877; Commons Registration (New … Continue reading Anthony Robert Cooper v Alan Charles Prince, Terence John Madden, Paul Nicholas Bakewell (Easements and Profits A Prendre): LRA 31 Aug 2011
LRA Application for first registration of land – objection based on adverse possession – whether application for first registration is ‘action for recovery of land’ – consideration of provisions of Limitation Act 1980 and Land Registration Act 2002 Citations: [2011] EWLandRA 2010 – 1166 Links: Bailii Jurisdiction: England and Wales Registered Land, Limitation Updated: 06 … Continue reading Michael Abbs, Rachel Marie Hoey v Edward James Eldridge, Joanna Claire Eldridge (Adverse Possession): LRA 21 Sep 2011
LRA Adverse possession – Schedule 6 to Land Registration Act 2002 – whether paper owner required application to be dealt with under paragraph 5 in time – Land Registration Rules 2003 Citations: [2011] EWLandRA 2010 – 0499 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: 06 November 2022; Ref: scu.465863
LRA Registration of freehold with possessory title based on 12 years’ adverse possession – land in ownership of Crown – application to close title on grounds that 30 years’ adverse possession required – adverse possession not made out for requisite period – whether title acknowledged – acknowledgment sent indirectly to paper title owner- effect of … Continue reading The Secretary of State for Transport v Quest Maidstone Ltd (Adverse Possession): LRA 11 Apr 2011
Application for first registration – lost, stolen, or destroyed documents of title – Respondents’ case based on a claim for adverse possession – relevance or otherwise of the Land Registration Act 2002, sections 97 and 134, Schedule 6 paragraph 5(4), and Schedule12 paragraph 18(1) to the case – Land Registry Practice Guide 2 Citations: [2011] … Continue reading Davies v Lloyd and Another (Evidence): LRA 19 Apr 2011
LRA Where an objection is made to the Chief Land Registrar under section73 of the Land Registration Act 2002 by somebody who would not be an appropriate party in respect of the dispute if there were court proceedings, the Adjudicator has a discretion how to proceed taking into account the overriding objective set out in … Continue reading Kent County Council v Jenny Fremlin (Adding and Substituting Parties): LRA 14 Jan 2011
LRA Adverse possession – whether title extinguished by 1984 – application to rectify or alternatively under Schedule 6 to the Land Registration Act 2002 – whether conditions in paragraph 5 met Citations: [2011] EWLandRA 2009 – 1177 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: 06 November 2022; Ref: scu.465857
The claimants sought leave to appeal against rejection of their request made to the Deputy Adjudicator for the rectification of the title to land they claimed title to land which was registered to the respondent neighbour. Held: The claimant’s appeal succeeded, but the matter remitted to the adjudicator. Judges: Morgan J Citations: [2012] EWHC 1248 … Continue reading Paton and Another v Todd: ChD 11 May 2012
Appeal against rejection of claim for possession of land subject to adverse possession claim, and against order for registration of the defendant as registered proprietor. Judges: Thorpe, Etherton LJJ, Ryder J Citations: [2012] EWCA Civ 505 Links: Bailii Statutes: Land Registration Act 2002 98(1)(a) Jurisdiction: England and Wales Land, Limitation, Registered Land Updated: 07 October … Continue reading IAM Group Plc v Chowdrey: CA 15 Mar 2012
A person may have a sufficient interest in the making of an entry to enable him (or it) to apply for the entry of a restriction within the meaning of section 43(1)(c) of the Act, on the basis of a claim to an interest in the registered estate, even if that claim is not justiciable … Continue reading The Republic of Croatia v The Republic Of Serbia: ChD 2 Jul 2009
Landlord and Tenant – Appointment of Manager – manager appointed by FTT – no restriction entered on register of title – property acquired by nominee on behalf of tenants exercising right of collective enfranchisement – whether nominee taking free of management order – whether participating tenants in breach of management order – whether FTT should … Continue reading Urwick and Another v Pickard: UTLC 22 Nov 2019
Hazel Marshall QC discussed the idea of consent in adverse possession claims, saying that mere acquiescence in another’s use of one land is not the same as the grant of permission for that user for the purposes of the stopping time running in favour of an adverse possessor. More generally: ‘Limitation is not so much … Continue reading J Alston and Sons Ltd v BOCM Pauls Ltd: ChD 28 Nov 2008
LRA Application pursuant to section 41(1) of the Land Registration Act 2002 to have a restriction disapplied. Consideration of terms upon which it would be appropriate for it to be disapplied in all the circumstances. Citations: [2008] EWLandRA 2007 – 0880 Links: Bailii Statutes: Land Registration Act 2002 41(1) Registered Land Updated: 02 September 2022; … Continue reading David Alexander Rogers, Lucy Alexandra Rogers v Penelope Jane Margaret Thompson (Other): LRA 8 Sep 2008
LRA Adverse Possession – Applications under Schedule 6 of the Land Registration Act 2002 – Procedure – Factual Possession Citations: [2008] EWLandRA 2007 – 0103 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: 02 September 2022; Ref: scu.429587
Compulsory purchase Citations: [2008] EWLandRA 2007 – 0167 Links: Bailii Statutes: Compulsory Purchase (Vesting Declarations) Act 1981 3 4 5 6 9, Acquisition of Land Act 1981 5 11 12 13A 15 23, Compulsory Purchase of Land (Vesting Declarations) Regulations 1990, Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 1990, Adjudicator to HM Land … Continue reading London Borough of Wandsworth v Rapose, Rapose, Rapose, De Souza, Rapose, Gracias, Haq, Scullion: LRA 1 Apr 2008
Possessory title of registered land – necessary intention on the part of the occupier – what amounts to adverse possession under paragraph 1 of Schedule 6 to the Land Registration Act 2002 – effect of a failure by the paper owner to require an application to be dealt with under paragraph 5 of Schedule 6 … Continue reading Robert Henry Merrifield v Wilfred Swan (Personal Representative of Matthew William Carter Swan) (Adverse Possession): LRA 13 Oct 2006
LRA Adverse Possession – Registration with possessory freehold title – Limitation of action – Alteration of the register – Meaning of alteration and rectification – Land Registration Act 2002 s 9(1)(c),(5), s 11(7), s 65, s 131, Sch 4 paras 1, 5, and 6 – Limitation Act 1980 s 15(1), (6), s 17, Sch.1, paras … Continue reading Thompson and Thompson v Hatherton Marina Limited: LRA 11 May 2007
The claimants appealed against a decision of the Adjudicator that they had not acquired a piece of their neighbour’s land by adverse possession, on the basis that their use had been by virtue of an oral licence. The judge had found the occupation to be insufficient to demnstrate exclusion of others from the land. Held: … Continue reading Wilson and Another v Grainger: ChD 4 Dec 2009
The bank had sought and obtained an order recognising the vaidity of its charge over the land. The land had belonged to the defendant, but he said that the property had been registered by a fraudulen ttransfer, and charged by the transferee in the name of the third party who had in turn charged it … Continue reading Barclays Bank Plc v Guy: CA 9 Apr 2008
