Swan Housing Association Ltd v Gill [2012] EWHC 3129 (QB) (07 November 2012)
The county court has no jurisdiction to determine adverse possession under the Land Registration Act 2002; only the Land Registry can do so. Schedule 6, para 1(3) does not prevent Mr Gill from applying to the Land Registry because the proceedings were for an injunction, not possession.
- Citation
- [2012] EWHC 3129 (QB)
- 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, Injunctions
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Swan Housing Association Limited
Claimant/respondent
Cary Gill
Defendant/appellant
Procedural Posture
Appeal / Permission to Appeal Granted; Substantive Appeal Heard
Legal Issues
- 1 Whether the county court has jurisdiction to determine adverse possession under the Land Registration Act 2002
- 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 county court has no jurisdiction to determine adverse possession under the Land Registration Act 2002; only the Land Registry can do so. Schedule 6, para 1(3) does not prevent Mr Gill from applying to the Land Registry because the proceedings were for an injunction, not possession.
Court Disposition
Appeal allowed
Orders
- Trial adjourned to await outcome of Land Registry application
- Judge's order set aside
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment