Eastaugh v Crisp & Ors [2006] EWHC 2298 (Ch) (12 July 2006)

Eastaugh v Crisp & Ors [2006] EWHC 2298 (Ch) (12 July 2006)

The claimant failed to establish a valid freehold title to the red land by conveyance or will, as the 1977 will was not duly attested and the conveyance was ineffective. The claimant's leasehold title to the blue land was not forfeit, as the breaches alleged did not justify forfeiture and relief would be granted in any event. The claimant did not acquire title to the red land by adverse possession, as the requisite intention and factual possession were not established for the statutory period. The defendants' registered titles stand, and the claimant is not entitled to rectification of the register or damages for trespass. The counterclaim for arrears of rent is allowed in part, but...

Citation
[2006] EWHC 2298 (Ch)
Parties
Claimant: Eastaugh; Defendant: Crisp; Defendant: Craft; Administrator/third Party: Stuart Poulton
Jurisdiction
England and Wales
Judgment Date
12 July 2006
Procedural Posture
Chancery Division Property/probate Dispute / Judgment After Trial of Consolidated Actions
Outcome
Claim dismissed in substantial part; counterclaim for arrears of rent allowed in part; no rectification of register; no forfeiture of lease; no damages for trespass or breach of covenant.
Legal Topics
Adverse Possession, Leasehold and Freehold Title, Forfeiture of Lease, Rectification of Register, Validity of Will, Administration of Estate, Trespass, Damages for Breach of Covenant
Property Law Probate Law Land Registration Adverse Possession Leasehold and Freehold Title Forfeiture of Lease Rectification of Register Validity of Will +3 more

Case Brief

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Parties

Eastaugh

Claimant

Crisp

Defendant

Craft

Defendant

Stuart Poulton

Administrator/third Party

Procedural Posture

Chancery Division Property/probate Dispute / Judgment After Trial of Consolidated Actions

Legal Issues

  1. 1 Whether the claimant has leasehold or freehold title to the disputed land (blue and red land)
  2. 2 Whether the 1977 will of Edward is valid and should revoke the grant of Letters of Administration
  3. 3 Whether the defendants' titles, obtained via transfers from the administrator, are valid and indefeasible

Ratio Decidendi

The claimant failed to establish a valid freehold title to the red land by conveyance or will, as the 1977 will was not duly attested and the conveyance was ineffective. The claimant's leasehold title to the blue land was not forfeit, as the breaches alleged did not justify forfeiture and relief would be granted in any event. The claimant did not acquire title to the red land by adverse possession, as the requisite intention and factual possession were not established for the statutory period. The defendants' registered titles stand, and the claimant is not entitled to rectification of the register or damages for trespass. The counterclaim for arrears of rent is allowed in part, but...

Court Disposition

Claim dismissed in substantial part; counterclaim for arrears of rent allowed in part; no rectification of register; no forfeiture of lease; no damages for trespass or breach of covenant.

Orders

  • Claim for rectification of register dismissed
  • Claim for declaration of title dismissed