Julia Florence Searle v Baron Alexander Deschauer & Anor

Julia Florence Searle v Baron Alexander Deschauer & Anor

The applicant was in factual possession of the disputed land for over ten years, had the requisite intention to possess, and reasonably believed the land belonged to her for a continuous ten-year period; no evidence was provided to rebut the presumption of reasonable belief.

Parties
Applicant: Julia Florence Searle; First Respondent: Baron Alexander Deschauer; Second Respondent: Shoshana Gilbert
Jurisdiction
England and Wales
Judgment Date
01 October 2025
Procedural Posture
Adverse Possession Claim (land Registration) / Substantive Decision
Outcome
Application allowed; Chief Land Registrar directed to register applicant as proprietor of the disputed land.
Legal Topics
Adverse Possession, Boundary Disputes, Reasonable Belief, Estoppel
Property Law Land Registration Adverse Possession Boundary Disputes Reasonable Belief Estoppel

Case Brief

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Parties

Julia Florence Searle

Applicant

Baron Alexander Deschauer

First Respondent

Shoshana Gilbert

Second Respondent

Procedural Posture

Adverse Possession Claim (land Registration) / Substantive Decision

Legal Issues

  1. 1 Whether the applicant was in factual possession of the disputed land for at least ten years
  2. 2 Whether the applicant had the requisite intention to possess
  3. 3 Whether the applicant or predecessor in title reasonably believed the disputed land belonged to them for at least ten years

Ratio Decidendi

The applicant was in factual possession of the disputed land for over ten years, had the requisite intention to possess, and reasonably believed the land belonged to her for a continuous ten-year period; no evidence was provided to rebut the presumption of reasonable belief.

Court Disposition

Application allowed; Chief Land Registrar directed to register applicant as proprietor of the disputed land.

Orders

  • Respondents to pay applicant's costs incurred since referral to the Tribunal, subject to summary assessment.
  • Applicant to file schedule of costs by 29 October 2025.