Clapham & Ors v Narga [2023] EWHC 3337 (Ch) (22 December 2023)

Clapham & Ors v Narga [2023] EWHC 3337 (Ch) (22 December 2023)

Appellants' title by adverse possession was not an overriding interest under LRA 2002 because their occupation of the disputed strips was not obvious on a reasonably careful inspection at the time of the Respondent's acquisition. The boundary between the properties is the north edge of the south bank of the brook,...

Source-derived case information.

Citation
[2023] EWHC 3337 (Ch)
Parties
Appellant: Anthony Charles Clapham; Appellant: Amanda Clapham; Appellant: David Wright; Appellant: Laura Wright; Respondent: Dee Narga
Jurisdiction
England and Wales
Judgment Date
22 December 2023
Procedural Posture
Chancery Appeal / Appeal From County Court Judgment
Legal Topics
Adverse Possession, Boundary Disputes, Land Registration Act 1925, Land Registration Act 2002, Limitation Act 1980
Property Law Land Registration Adverse Possession Boundary Disputes Land Registration Act 1925 Land Registration Act 2002 Limitation Act 1980

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Summary, issues, holding and outcome

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Parties

Anthony Charles Clapham

Appellant

Amanda Clapham

Appellant

David Wright

Appellant

Laura Wright

Appellant

Dee Narga

Respondent

Procedural Posture

Chancery Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether appellants are entitled to be registered as proprietors of strips of land by virtue of adverse possession prior to first registration under LRA 1925 and LRA 2002
  2. 2 Proper construction of boundaries under 1982 and 1988 conveyances
  3. 3 Effect of actual occupation and overriding interests under LRA 2002

Ratio Decidendi

Appellants' title by adverse possession was not an overriding interest under LRA 2002 because their occupation of the disputed strips was not obvious on a reasonably careful inspection at the time of the Respondent's acquisition. The boundary between the properties is the north edge of the south bank of the brook, not the Fence. Registration under LRA 2002 does not resurrect extinguished title, but the statutory mechanism for boundary determination and adverse possession is governed by Schedule 6. Claims for registration as proprietors of the strips fail due to lack of obvious occupation.