Kenneth Rowlands & Anor v Gregory Bishop & Anor

Kenneth Rowlands & Anor v Gregory Bishop & Anor

The Tribunal found that the appellants reasonably believed the land within the fences was theirs, based on the existence of an agreement and their consistent occupation, and that the belief need not be legally correct or based on a legally effective agreement.

Parties
Appellant: Kenneth Rowlands; Appellant: Nalda Rowlands; Respondent: Gregory Bishop; Respondent: Susan Bishop
Jurisdiction
England and Wales
Judgment Date
11 May 2023
Procedural Posture
Appeal / Upper Tribunal (lands Chamber) Decision
Outcome
Appeal allowed
Legal Topics
Adverse Possession, Boundary Disputes, Reasonable Belief, Land Registration Act 2002
Property Law Land Registration Adverse Possession Boundary Disputes Reasonable Belief Land Registration Act 2002

Case Brief

Summary, issues, holding and outcome

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Parties

Kenneth Rowlands

Appellant

Nalda Rowlands

Appellant

Gregory Bishop

Respondent

Susan Bishop

Respondent

Procedural Posture

Appeal / Upper Tribunal (lands Chamber) Decision

Legal Issues

  1. 1 Whether the appellants held a reasonable belief that the disputed land belonged to them under paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002
  2. 2 Whether an agreement without legal effect can found a reasonable belief for adverse possession

Ratio Decidendi

The Tribunal found that the appellants reasonably believed the land within the fences was theirs, based on the existence of an agreement and their consistent occupation, and that the belief need not be legally correct or based on a legally effective agreement.

Court Disposition

Appeal allowed

Orders

  • The FTT’s decision is set aside.
  • The Tribunal substitutes its own decision that the condition in paragraph 5(4)(c) is satisfied.