Kerdene Ltd v Pernull-Excell

Kerdene Ltd v Pernull-Excell

The true boundary is as shown on the 1988 conveyance plan and the Land Registry filed plan; the applicant's occupation of the extended garden does not alter the legal boundary, and section 98 does not apply as the applicant's belief was not reasonable in the circumstances.

Parties
Respondent/claimant: Kerdene Limited; Applicant/defendant: Pernull-Excell
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Orally)
Outcome
Application for permission to appeal refused
Legal Topics
Boundary Disputes, Land Registration, Adverse Possession
Property Law Land Law Boundary Disputes Land Registration Adverse Possession

Case Brief

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Parties

Kerdene Limited

Respondent/claimant

Pernull-Excell

Applicant/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed Orally)

Legal Issues

  1. 1 What is the true boundary of 179 St Merryn Holiday Centre as of the 1988 conveyance?
  2. 2 Does section 98 of the Land Registration Act provide a defence 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; the applicant's occupation of the extended garden does not alter the legal boundary, and section 98 does not apply as the applicant's belief was not reasonable in the circumstances.

Court Disposition

Application for permission to appeal refused

Orders

  • Application dismissed