Kerdene Ltd v Pernull-Excell [2009] EWCA Civ 1180 (15 October 2009)

Kerdene Ltd v Pernull-Excell [2009] EWCA Civ 1180 (15 October 2009)

The true boundary is as shown on the 1988 conveyance plan and the Land Registry filed plan, not as occupied; the applicant's occupation and belief do not satisfy the requirements for adverse possession or a defence under section 98.

Citation
[2009] EWCA Civ 1180
Parties
Respondent/claimant: Kerdene Limited; Applicant/defendant: Pernull-Excell
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Civil Appeal / Oral Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Boundary Disputes, Adverse Possession, Interpretation of Conveyance Plans
Property Law Land Registration Boundary Disputes Adverse Possession Interpretation of Conveyance Plans

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Parties

Kerdene Limited

Respondent/claimant

Pernull-Excell

Applicant/defendant

Procedural Posture

Civil Appeal / Oral Application for Permission to Appeal

Legal Issues

  1. 1 What is the true boundary of 179 St Merryn Holiday Centre as conveyed in 1988?
  2. 2 Does the applicant have a defence under section 98 of the Land Registration Act 2002 based on long occupation and reasonable belief of ownership?

Ratio Decidendi

The true boundary is as shown on the 1988 conveyance plan and the Land Registry filed plan, not as occupied; the applicant's occupation and belief do not satisfy the requirements for adverse possession or a defence under section 98.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused