Derbyshire County Council v Fallon & Anor [2007] EWHC 1326 (Ch) (11 June 2007)

Derbyshire County Council v Fallon & Anor [2007] EWHC 1326 (Ch) (11 June 2007)

The Adjudicator was entitled to refuse to direct alteration of the register despite the Council's paper title, as exceptional circumstances existed: the alteration would not affect the Fallons' title, would not resolve the practical dispute, and would not serve a useful purpose given the unresolved issues of...

Source-derived case information.

Citation
[2007] EWHC 1326 (Ch)
Parties
Appellant/applicant: Derbyshire County Council; Respondent: Glen Neil Fallon; Respondent: Tracy Jayne Fallon
Jurisdiction
England and Wales
Judgment Date
11 June 2007
Procedural Posture
Appeal From Land Registry Adjudicator Decision / High Court (chancery Division) Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Boundary Disputes, Rectification and Alteration of Land Register, Adverse Possession, General Boundaries Rule, Discretion in Register Alteration, Costs Orders
Property Law Land Registration Boundary Disputes Rectification and Alteration of Land Register Adverse Possession General Boundaries Rule Discretion in Register Alteration Costs Orders

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Summary, issues, holding and outcome

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Parties

Derbyshire County Council

Appellant/applicant

Glen Neil Fallon

Respondent

Tracy Jayne Fallon

Respondent

Procedural Posture

Appeal From Land Registry Adjudicator Decision / High Court (chancery Division) Judgment on Appeal

Legal Issues

  1. 1 Where was the true boundary between the Council's land and the Fallons' land (Paper Title Issue)?
  2. 2 Should the register be altered to reflect the Council's paper title?
  3. 3 Did the Fallons acquire title by adverse possession?

Ratio Decidendi

The Adjudicator was entitled to refuse to direct alteration of the register despite the Council's paper title, as exceptional circumstances existed: the alteration would not affect the Fallons' title, would not resolve the practical dispute, and would not serve a useful purpose given the unresolved issues of possession and potential estoppel. The Adjudicator's exercise of discretion was not wrong in law or principle. The costs order was also within the Adjudicator's discretion, as the Council did not obtain the substantive relief sought.

Court Disposition

Appeal dismissed

Orders

  • No alteration of the register to move the boundary as sought by the Council
  • Council to pay one half of the Fallons' costs, as ordered by the Adjudicator