Chapman & Anor v Godinn Properties Ltd & Ors

The claimants demonstrated sufficient acts of factual possession and intention to possess the disputed strip, including construction and maintenance of entrances and walls, and tending the land. The judge was entitled to find adverse possession and order rectification of the register to remove the disputed strip from the defendant's title and register the claimants as proprietors with possessory title.

Parties: Claimant/respondent: Mark Chapman; Claimant/respondent: Fiona Rivers Chapman; First Defendant/appellant: Godinn Properties Limited; Second Defendant: David Robert Stirling; Third Defendant: Jackie Stirling
Jurisdiction: England and Wales
Judgment Date: 27 June 2005
Procedural Posture: Civil Appeal / Appeal From Trial Judgment
Outcome: Appeal dismissed
Legal Topics: Adverse Possession, Land Registration, Rectification of Title

Property Law Adverse Possession Land Registration Rectification of Title

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Mark Chapman

Claimant/respondent

Fiona Rivers Chapman

Claimant/respondent

Godinn Properties Limited

First Defendant/appellant

David Robert Stirling

Second Defendant

Jackie Stirling

Third Defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

1 Whether the claimants established adverse possession of the disputed strip of land
2 Whether the Land Registry title should be rectified to remove the disputed strip from the defendant's title and register the claimants as proprietors with possessory title

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed with costs assessed summarily at £6,750 including VAT
Matter remitted to the trial judge to consider the appropriate form of declaration under the Land Registration Act 2002