N Allee & Co v Hodson [2001] EWCA Civ 951 (14 June 2001)

N Allee & Co v Hodson [2001] EWCA Civ 951 (14 June 2001)

The conveyance and Land Registry plan accurately reflected the parties' intentions and agreement, and there was no common mistake justifying rectification. The defendants' occupation of the disputed land was with the claimant's consent, amounting to a bare licence, and thus could not constitute adverse possession.

Citation
[2001] EWCA Civ 951
Parties
Claimant/appellant: N Allee & Co; Defendant/respondent: David Hodson
Jurisdiction
England and Wales
Judgment Date
14 June 2001
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Rectification of Instruments, Adverse Possession, Land Registration, Licences in Land Law
Property Law Equity Rectification of Instruments Adverse Possession Land Registration Licences in Land Law

Case Brief

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Parties

N Allee & Co

Claimant/appellant

David Hodson

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the conveyance and Land Register should be rectified to include the disputed land as part of the defendant's title
  2. 2 Whether the defendants acquired title to the disputed land by adverse possession

Ratio Decidendi

The conveyance and Land Registry plan accurately reflected the parties' intentions and agreement, and there was no common mistake justifying rectification. The defendants' occupation of the disputed land was with the claimant's consent, amounting to a bare licence, and thus could not constitute adverse possession.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs