Swan Housing Association Ltd v Gill [2012] EWHC 3129 (QB) (07 November 2012)

Swan Housing Association Ltd v Gill [2012] EWHC 3129 (QB) (07 November 2012)

The court has no jurisdiction to determine adverse possession for registered land; the statutory procedure under the Land Registration Act 2002 must be followed. Schedule 6, para 1(3) only prevents applications to the Land Registry in possession proceedings, not in injunction claims. The trial should have been adjourned pending the outcome of the Land Registry application.

Citation
[2012] EWHC 3129
Parties
Claimant/respondent: Swan Housing Association Limited; Defendant/appellant: Cary Gill
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Appeal / Permission to Appeal Granted; Substantive Appeal Heard
Outcome
Appeal allowed
Legal Topics
Adverse Possession, Land Registration, Court Jurisdiction, Statutory Interpretation
Property Law Civil Procedure Adverse Possession Land Registration Court Jurisdiction Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Swan Housing Association Limited

Claimant/respondent

Cary Gill

Defendant/appellant

Procedural Posture

Appeal / Permission to Appeal Granted; Substantive Appeal Heard

Legal Issues

  1. 1 Whether the court has jurisdiction to determine adverse possession under the Land Registration Act 2002
  2. 2 Whether Schedule 6, paragraph 1(3) of the Land Registration Act 2002 prevents the appellant from applying to the Land Registry

Ratio Decidendi

The court has no jurisdiction to determine adverse possession for registered land; the statutory procedure under the Land Registration Act 2002 must be followed. Schedule 6, para 1(3) only prevents applications to the Land Registry in possession proceedings, not in injunction claims. The trial should have been adjourned pending the outcome of the Land Registry application.

Court Disposition

Appeal allowed

Orders

  • Trial to be adjourned pending outcome of Land Registry application