Clapham & Ors v Narga [2024] EWCA Civ 1388 (11 November 2024)

Clapham & Ors v Narga [2024] EWCA Civ 1388 (11 November 2024)

Where title to land has been extinguished by adverse possession before first registration, the adverse possessor's title prevails and the registered proprietor's title does not include the disputed land, regardless of the depiction on the title plan. Section 75 of the Land Registration Act 1925 does not apply in such circumstances, and the general boundaries rule prevents the title plan from determining the precise boundary. The appellants are entitled to be registered as proprietors of the Disputed Land.

Citation
[2024] EWCA Civ 1388
Parties
Claimant/appellant: Anthony Charles Clapham; Claimant/appellant: Amanda Clapham; Claimant/appellant: David Wright; Claimant/appellant: Laura Wright; Defendant/respondent: Dee Narga
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Adverse Possession, General Boundaries Rule, Land Registration Act 1925, Land Registration Act 2002, Boundary Disputes
Property Law Land Registration Adverse Possession General Boundaries Rule Land Registration Act 1925 Land Registration Act 2002 Boundary Disputes

Case Brief

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Parties

Anthony Charles Clapham

Claimant/appellant

Amanda Clapham

Claimant/appellant

David Wright

Claimant/appellant

Laura Wright

Claimant/appellant

Dee Narga

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellants acquired title to the Disputed Land by adverse possession prior to first registration of Brook Barn
  2. 2 Whether section 75 of the Land Registration Act 1925 applies where title was extinguished by adverse possession before first registration
  3. 3 Whether the general boundaries rule affects the inclusion of the Disputed Land in the registered title of Brook Barn

Ratio Decidendi

Where title to land has been extinguished by adverse possession before first registration, the adverse possessor's title prevails and the registered proprietor's title does not include the disputed land, regardless of the depiction on the title plan. Section 75 of the Land Registration Act 1925 does not apply in such circumstances, and the general boundaries rule prevents the title plan from determining the precise boundary. The appellants are entitled to be registered as proprietors of the Disputed Land.

Court Disposition

Appeal allowed

Orders

  • The Claphams and Wrights are entitled to be registered as proprietors of the Disputed Land.
  • The Fence represents the boundary between Numbers 24, 25 and 26 and Brook Barn.