Wells v Pilling Parish Council

Wells v Pilling Parish Council

The application to alter the register concerns private law rights; Pilling Parish Council lacks standing to apply for alteration as it does not assert a competing private interest; the adjudicator should have exercised his power to remove the Council as a party.

Parties
Claimant/respondent: Mr Stephen Wells; Defendant/appellant: Pilling Parish Council
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Land Registration, Adverse Possession, Standing, Alteration of Register
Land Law Administrative Law Land Registration Adverse Possession Standing Alteration of Register

Case Brief

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Parties

Mr Stephen Wells

Claimant/respondent

Pilling Parish Council

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the application to alter the land register is a matter of private law or public law
  2. 2 Whether Pilling Parish Council has standing to apply for alteration of the register

Ratio Decidendi

The application to alter the register concerns private law rights; Pilling Parish Council lacks standing to apply for alteration as it does not assert a competing private interest; the adjudicator should have exercised his power to remove the Council as a party.

Court Disposition

Appeal allowed

Orders

  • Application for alteration of the register by Pilling Parish Council cancelled
  • Pilling Parish Council removed as a party from the objection