Eastaugh v Crisp & Ors

Eastaugh v Crisp & Ors

The 1977 conveyance was void for lack of sealing and did not pass legal title; the claimant acquired title to field 28 by adverse possession from 1978 to 2000, which overrides the defendants' possessory registered title; the 1977 will was not validly attested and is invalid; forfeiture of the 1972 lease is granted for non-payment of rent and breach of covenants, but relief from forfeiture is refused due to claimant's inability to pay arrears and compensation; estoppel fails as no clear representation was made regarding ownership of the red land.

Parties
Claimant: Eastaugh; Defendant: Crisp; Defendant: Craft; Administrator: Stuart Poulton
Jurisdiction
England and Wales
Judgment Date
12 July 2006
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim allowed in part; counterclaim allowed in part; forfeiture action succeeds in part; probate action dismissed.
Legal Topics
Adverse Possession, Forfeiture of Lease, Estoppel, Validity of Will, Land Registration, Breach of Covenant, Trespass
Property Law Probate Law Landlord and Tenant Law Equity Adverse Possession Forfeiture of Lease Estoppel Validity of Will +3 more

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Parties

Eastaugh

Claimant

Crisp

Defendant

Craft

Defendant

Stuart Poulton

Administrator

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the 1977 conveyance passed legal title to field 28
  2. 2 Whether the claimant acquired title to field 28 by adverse possession
  3. 3 Validity of Edward's 1977 will

Ratio Decidendi

The 1977 conveyance was void for lack of sealing and did not pass legal title; the claimant acquired title to field 28 by adverse possession from 1978 to 2000, which overrides the defendants' possessory registered title; the 1977 will was not validly attested and is invalid; forfeiture of the 1972 lease is granted for non-payment of rent and breach of covenants, but relief from forfeiture is refused due to claimant's inability to pay arrears and compensation; estoppel fails as no clear representation was made regarding ownership of the red land.

Court Disposition

Claim allowed in part; counterclaim allowed in part; forfeiture action succeeds in part; probate action dismissed.

Orders

  • Declaration that 1977 conveyance is void for conveying legal estate; claimant's estate contract void against defendants under s.4(6) LCA 1972.
  • Declaration that claimant acquired freehold title to field 28 by adverse possession; order for rectification of register to show claimant as proprietor of field 28.