1909 Holdings Limited v Paul Shaun Hollingsworth & Ors
Neither party demonstrated factual possession and intention to possess the Disputed Land for a continuous period of 12 years; the Respondents' use was limited and recent, and the Applicant's maintenance and alleged enclosure were insufficient and equivocal. The Respondents are entitled to first registration only of...
Source-derived case information.
- Parties
- Applicant: 1909 Holdings Limited; Respondents: Paul Shaun Hollingsworth & Deborah Jayne Hampson; Second Respondent: Mario Wood
- Jurisdiction
- England and Wales
- Judgment Date
- 05 January 2026
- Procedural Posture
- Land Registration Reference / Final Determination
- Outcome
- Respondents' application allowed in part; Applicant's application cancelled; neither party entitled to first registration of the Disputed Land; Respondents entitled to first registration of the Agreed Strip.
- Legal Topics
- Adverse Possession, First Registration, Enclosure, Land Title, Boundary Disputes
Source-derived case record
Summary, issues, holding and outcome
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Parties
1909 Holdings Limited
Applicant
Paul Shaun Hollingsworth & Deborah Jayne Hampson
Respondents
Mario Wood
Second Respondent
Procedural Posture
Land Registration Reference / Final Determination
Legal Issues
- 1 Whether either party has established 12 years' adverse possession over the Disputed Land
- 2 Whether the Respondents are entitled to first registration of the Agreed Strip
- 3 Whether acts of maintenance or enclosure constitute sufficient factual possession and intention to possess
Ratio Decidendi
Neither party demonstrated factual possession and intention to possess the Disputed Land for a continuous period of 12 years; the Respondents' use was limited and recent, and the Applicant's maintenance and alleged enclosure were insufficient and equivocal. The Respondents are entitled to first registration only of the Agreed Strip.
Court Disposition
Respondents' application allowed in part; Applicant's application cancelled; neither party entitled to first registration of the Disputed Land; Respondents entitled to first registration of the Agreed Strip.
Orders
- Chief Land Registrar to allow Respondents' application for the Agreed Strip as if Applicant's objection had not been made.
- Applicant's application for first registration of the Disputed Land cancelled.
Full Case Text
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