Derbyshire County Council v Fallon & Anor

Derbyshire County Council v Fallon & Anor

The Adjudicator was entitled to refuse alteration of the register because, although the Council established paper title, the practical reality was that the Fallons had built on the land and there were unresolved issues of estoppel and injunctive relief. Altering the register would not achieve greater accuracy or clarity and would serve no useful purpose until the substantive dispute over occupation was resolved. The costs order was within the Adjudicator's discretion given the Council's failure to obtain substantive relief.

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 / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Land Registration, Boundary Disputes, Rectification of Register, Adverse Possession, Costs Orders, General Boundaries Rule, Estoppel, Injunctions
Land Law Property Law Civil Procedure Land Registration Boundary Disputes Rectification of Register Adverse Possession Costs Orders +3 more

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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 / Judgment on Appeal

Legal Issues

  1. 1 Where was the pre-registration boundary between the parties' lands (Paper Title Issue)?
  2. 2 Should the register be altered to reflect the Council's claimed title?
  3. 3 Was the Adjudicator correct to refuse alteration of the register?

Ratio Decidendi

The Adjudicator was entitled to refuse alteration of the register because, although the Council established paper title, the practical reality was that the Fallons had built on the land and there were unresolved issues of estoppel and injunctive relief. Altering the register would not achieve greater accuracy or clarity and would serve no useful purpose until the substantive dispute over occupation was resolved. The costs order was within the Adjudicator's discretion given the Council's failure to obtain substantive relief.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the Adjudicator's refusal to alter the register is dismissed.
  • The appeal against the costs order is dismissed.