Anthony Charles Clapham & Ors v Dee Narga

Anthony Charles Clapham & Ors v Dee Narga

The appellants' title to the disputed strips, acquired by adverse possession before first registration, fell within section 75 of the Land Registration Act 1925, creating a statutory trust but not vesting legal title. After expiry of the transitional period under the LRA 2002, their interests were not overriding unless they were in actual and obvious occupation at the time of the respondent's registration. The judge found their occupation was not obvious, so their interests were postponed to the respondent's registered title under section 29 of the LRA 2002. The general boundaries rule did not prevent this result as the registered title included the disputed strips held on trust, and the...

Parties
Appellant: Anthony Charles Clapham; Appellant: Amanda Clapham; Appellant: David Wright; Appellant: Laura Wright; Respondent: Dee Narga
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Judgment on Appeal and Permission to Appeal on Further Grounds
Outcome
Appeal on Ground 1 dismissed; permission to appeal granted on Grounds 2 and 3.
Legal Topics
Adverse Possession, Land Boundaries, Registered Land, Overriding Interests, Rectification of Register
Property Law Land Registration Adverse Possession Land Boundaries Registered Land Overriding Interests Rectification of Register

Case Brief

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Parties

Anthony Charles Clapham

Appellant

Amanda Clapham

Appellant

David Wright

Appellant

Laura Wright

Appellant

Dee Narga

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Permission to Appeal on Further Grounds

Legal Issues

  1. 1 Whether appellants are entitled to be registered as proprietors of disputed strips of land by virtue of adverse possession prior to first registration and under the Land Registration Act 2002 regime; whether the boundary between the properties follows the Fence or the north edge of the south bank of the Brook; effect of general boundaries rule on registered title and adverse possession claims.

Ratio Decidendi

The appellants' title to the disputed strips, acquired by adverse possession before first registration, fell within section 75 of the Land Registration Act 1925, creating a statutory trust but not vesting legal title. After expiry of the transitional period under the LRA 2002, their interests were not overriding unless they were in actual and obvious occupation at the time of the respondent's registration. The judge found their occupation was not obvious, so their interests were postponed to the respondent's registered title under section 29 of the LRA 2002. The general boundaries rule did not prevent this result as the registered title included the disputed strips held on trust, and the...

Court Disposition

Appeal on Ground 1 dismissed; permission to appeal granted on Grounds 2 and 3.

Orders

  • Appeal on entitlement to be registered as proprietors of the strips dismissed.
  • Permission to appeal granted on construction of boundaries under the 1982 and 1988 conveyances (Grounds 2 and 3).