Swan Housing Association Ltd v Gill

Swan Housing Association Ltd v Gill

The county court was not competent to determine adverse possession under the current statutory scheme; Mr Gill was not barred from applying to the Land Registry as the proceedings were not for possession but for injunction.

Parties
Claimant/respondent: Swan Housing Association Limited; Defendant/appellant: Cary Gill
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Adverse Possession, Injunctions, Registered Land, Court Jurisdiction
Property Law Civil Procedure Adverse Possession Injunctions Registered Land Court Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Swan Housing Association Limited

Claimant/respondent

Cary Gill

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the county court has jurisdiction to determine adverse possession under the Land Registration Act 2002
  2. 2 Whether Schedule 6, paragraph 1(3) of the Land Registration Act 2002 prevents Mr Gill from applying to the Land Registry

Ratio Decidendi

The county court was not competent to determine adverse possession under the current statutory scheme; Mr Gill was not barred from applying to the Land Registry as the proceedings were not for possession but for injunction.

Court Disposition

appeal allowed

Orders

  • Trial adjourned to await outcome of Land Registry application