Cantwell & Ors v Minney [2023] EWHC 1546 (KB) (04 May 2023)

Cantwell & Ors v Minney [2023] EWHC 1546 (KB) (04 May 2023)

The defendant could not establish the necessary belief in a proprietary right or unconscionability required for equitable estoppel under paragraph 5(2) of schedule 6 to the Land Registration Act 2002. The evidence did not support a continuous period of adverse possession sufficient to defeat the claim for possession. The appeal had no reasonable prospect of success and permission to appeal was refused.

Citation
[2023] EWHC 1546 (KB)
Parties
Claimant/respondent: Cantwell, Davenport, Coulhurst & Coulhurst; Defendant/appellant: Mr D Minney
Jurisdiction
England and Wales
Judgment Date
04 May 2023
Procedural Posture
Possession Proceedings (land) / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Adverse Possession, Land Registration Act 2002, Equitable Estoppel, Appeals Procedure
Property Law Civil Procedure Adverse Possession Land Registration Act 2002 Equitable Estoppel Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Cantwell, Davenport, Coulhurst & Coulhurst

Claimant/respondent

Mr D Minney

Defendant/appellant

Procedural Posture

Possession Proceedings (land) / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant had acquired title to land by adverse possession under the Land Registration Act 2002
  2. 2 Whether equitable estoppel under paragraph 5(2) of schedule 6 to the Land Registration Act 2002 could provide a defence to possession proceedings
  3. 3 Whether fresh evidence (police report) could alter the factual findings regarding the period of possession

Ratio Decidendi

The defendant could not establish the necessary belief in a proprietary right or unconscionability required for equitable estoppel under paragraph 5(2) of schedule 6 to the Land Registration Act 2002. The evidence did not support a continuous period of adverse possession sufficient to defeat the claim for possession. The appeal had no reasonable prospect of success and permission to appeal was refused.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.