Kenneth Rowlands & Anor v Gregory Bishop & Anor
[2023] UKUT 102 (LC)
Anthony Charles Clapham & Ors v Dee Narga
22 December 2023
[2023] EWHC 3337 (Ch)
High Court
Neighbors fought over land. A judge said one neighbor didn't prove they owned the land they claimed, even though they had lived there a long time. The judge will reconsider part of his decision.
Key Facts
- •Dispute over the boundary between properties 24-26 The Green and Brook Barn.
- •Appellants claimed ownership of two strips of land via adverse possession and conveyance interpretation.
- •Respondent purchased Brook Barn in 2020.
- •Trial in Leicester County Court dismissed Appellants' claims.
- •Appeal to High Court focused on adverse possession under the Land Registration Acts 1925 & 2002 and conveyance interpretation.
Legal Principles
Adverse possession on unregistered land extinguishes the owner's title after 12 years (Limitation Act 1980).
Limitation Act 1980, sections 15 and 17
First registration under LRA 1925 vested absolute title subject to overriding interests, including rights acquired by adverse possession.
LRA 1925, sections 5, 69, 70(1)(f)
LRA 1925, section 75 created a statutory trust where a squatter's title would have been extinguished if the land were unregistered.
LRA 1925, section 75
LRA 1925, section 82 allowed for rectification of the register to reflect a squatter's rights.
LRA 1925, section 82
General boundaries rule (LRR 1925, Rule 278): filed plan shows general boundaries, not exact lines.
LRR 1925, Rule 278
LRA 2002, section 4 mandates registration on transfer of qualifying estates.
LRA 2002, section 4
LRA 2002, section 11 governs first registration of freehold title, protecting interests in Schedule 1.
LRA 2002, section 11
LRA 2002, section 29 postpones unregistered interests to interests under a registered disposition unless priority is protected (Schedule 3).
LRA 2002, section 29
LRA 2002, Schedule 3: overriding interests include actual occupation, unless exceptions apply.
LRA 2002, Schedule 3
LRA 2002, section 96 disapplies Limitation Act 1980 time limits for registered land.
LRA 2002, section 96
LRA 2002, Schedule 6 allows squatters to apply for registration after 10 years of adverse possession, subject to conditions.
LRA 2002, Schedule 6
LRA 2002, Schedule 12 contains transitional provisions (paragraph 18) protecting squatters' rights for three years after the Act's commencement.
LRA 2002, Schedule 12, paragraph 18
LRA 2002, section 60 preserves the general boundaries rule.
LRA 2002, section 60
Outcomes
Appeal on Ground 1 (adverse possession under LRA 2002) dismissed.
Section 75 of LRA 1925 applied; Appellants failed to register their title during the transitional period; their occupation wasn't obvious on reasonable inspection.
Permission to appeal granted on Grounds 2 and 3 (conveyance interpretation).
Appellants have a real prospect of success in arguing the Judge erred in excluding evidence relevant to the factual matrix surrounding the conveyances.