Brown v Ridley and another

Brown v Ridley and another

The correct interpretation of Schedule 6, paragraph 5(4)(c) of the Land Registration Act 2002 is that the required period of reasonable belief need not persist until the date of application; any ten-year period within the adverse possession period suffices. Construction B is preferred as it avoids making the statutory right illusory and aligns with the ordinary meaning of the words.

Parties
Respondent: Brown; Appellants: Ridley and another
Jurisdiction
England and Wales
Judgment Date
26 February 2025
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Adverse Possession, Land Registration, Statutory Interpretation, Boundary Disputes
Property Law Adverse Possession Land Registration Statutory Interpretation Boundary Disputes

Case Brief

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Parties

Brown

Respondent

Ridley and another

Appellants

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Interpretation of the 'boundary condition' in Schedule 6, paragraph 5(4)(c) of the Land Registration Act 2002 regarding reasonable belief and adverse possession

Ratio Decidendi

The correct interpretation of Schedule 6, paragraph 5(4)(c) of the Land Registration Act 2002 is that the required period of reasonable belief need not persist until the date of application; any ten-year period within the adverse possession period suffices. Construction B is preferred as it avoids making the statutory right illusory and aligns with the ordinary meaning of the words.

Court Disposition

Appeal allowed

Orders

  • Decision of the Upper Tribunal set aside
  • Decision of the First-tier Tribunal restored