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 (Ch)
Links:
Statutes:
Land Registration Act 2002 60(2)
Jurisdiction:
England and Wales
Citing:
Cited – Starclass Properties Ltd v Dudgeon 2006
Where there was no hearing before the Deputy Adjudicator, any appeal would be by way of a re-hearing . .
Cited – Wigginton and Milner Ltd v Winster Engineering Ltd CA 7-Dec-1977
Various conveyances had dealt with land. By mistake, certain land was excluded from the plans.
Held: The plan had been included ‘for identification purposes only’, but that did not mean that the plan was to be disregarded. It could not . .
Cited – Pennock and Another v Hodgson CA 27-Jul-2010
In a boundary dispute, the judge had found a boundary, locating it by reference to physical features not mentioned in the unambigous conveyance.
Held: The judge had reiterated but not relied upon the statement as to the subjective views of the . .
Cited – In re White’s Charities; Charity Commissioners v Mayor of London 1898
There is no distinction in law between a highway in the country and a street in a town. Where the grantor of a right of way owns the entire width of the land, the presumption applies to the entire width and not only ad medium filum.
Romer J . .
Cited – Derbyshire County Council v Fallon and Another ChD 11-Jun-2007
The council appealed against a finding of the Deputy Adjudicator of the Land Registry refusing to alter the filed plan of the defendant’s title. Christopher Nugee QC approved the statement of the deputy adjudicator Mr Michael Mark described a change . .
Cited – Holmes v Bellingham 24-Jun-1859
In the lower court, the judge had directed the jury that there was a presumption, in the case of a private way or occupation road between two properties, that the soil of the road belongs usque ad medium filum viae to the owners of the adjoining . .
Cited – Smith v Howden 20-Apr-1863
A green lane leading to land went between plots owned by the owner and by his neighbour. There was no evidence as to the ownership of the land. The jury were informed that they could assume that the plots on either side owned a moiety of the land, . .
Cited – Giles v County Building Constructors (Hertford) Limited ChD 1971
A right of way had arisen by prescription in favour of land which had two detached dwelling houses on it.
Held: The right of way could continue to be used, even after the two houses had been demolished and replaced by a three-storey block of . .
Cited – St Edmundsbury v Clark (No 2) ChD 1973
Megarry J described the presumption that a conveyance of land abutting a highway or river passes with it the the adjoining half of that road or river: ‘Various reasons had been given for the presumption. It has been based on convenience and the . .
Cited – Wigginton and Milner Ltd v Winster Engineering Ltd CA 7-Dec-1977
Various conveyances had dealt with land. By mistake, certain land was excluded from the plans.
Held: The plan had been included ‘for identification purposes only’, but that did not mean that the plan was to be disregarded. It could not . .
Cited – Commission for New Towns and Another v JJ Gallagher Ltd ChD 16-Dec-2002
Where a conveyance did not expressly include an adjoining road, there was no statutory presumption which would lead to its inclusion.
Held: The section referred to incorporeal rights, easements and similar, and not to land itself. The Act did . .
Cited by:
Main judgment – Paton and Another v Todd ChD 21-Jun-2012
The court considered the costs award to be made on the appeal to the High Court from a Land registry adjudicator.
Held: No costs order should be made. . .
Remitted from – William Gardner Paton, Sharon Paton v Adrian Todd (Alteration and Rectification of The Register : Mistake) LRA 11-May-2012
LRA Alteration of register- rectification- whether applicants have paper title to disputed strip- applicants not having paper title but respondent not showing pre-registration title to the disputed land- whether . .
Lists of cited by and citing cases may be incomplete.
Registered Land
Updated: 21 October 2022; Ref: scu.457620