The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The claimants had developed the adjoining land leaving the strip unbuilt upon. A fence had been erected by agreement in 1986.
Held: The developer’s appeal failed. Whilst the adjudicator’s reasons were not as full as they might have been, they were sufficient and he had had a proper basis in the evidence to support his conclusion. Since the 12 year period had expired before the Human Rights Act came into effect, the occupation was not subject to a human rights challenge.
Judges:
Briggs J
Citations:
[2007] EWHC 141 (Ch)
Links:
Statutes:
Civil Procedure Rules 52.11(3)
Jurisdiction:
England and Wales
Citing:
Cited – Flannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
Cited – Batsford Estates (1983) Company Ltd v Taylor and Another CA 29-Apr-2005
The company owner eventually made a positive decision not to take any possession proceedings against the occupiers following service of a notice to quit. The occupiers then remained in possession for more than 12 years.
Held: After serving a . .
Cited – London Borough of Lambeth v Rumbelow ChD 25-Jan-2001
The court considered what would constitute permission to occupy land so as to destroy a claim for adverse possession. Etherton J said: ‘In order to establish permission in the circumstances of any case two matters must be established. Firstly, there . .
Cited – Rowley and Another v Secretary of State for Transport Local Government and the Regions Admn 24-May-2002
The inspector after holding an inquiry had confirmed the decision of the county council to make an order modifying the definitive map by the inclusion of a footpath over the objectors’ land.
Held: The decision by the Secretary of State . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Lists of cited by and citing cases may be incomplete.
Registered Land, Limitation
Updated: 13 July 2022; Ref: scu.248359