Gowdy v Leysan (Adverse possession of registered land - Whether Applicant entitled to make the application - Whether Applicant can show ten year's possession by himself and his successors in title - Whether intention to possess - Schedule 6 para 5 - First Condition - Whether Equity by Estoppel - Whether binding on Respondent - How equity to be satisfied - Third Condition) [2026] UKFTT 451 (PC) (11 March 2026)

Gowdy v Leysan (Adverse possession of registered land - Whether Applicant entitled to make the application - Whether Applicant can show ten year's possession by himself and his successors in title - Whether intention to possess - Schedule 6 para 5 - First Condition - Whether Equity by Estoppel - Whether binding on Respondent - How equity to be satisfied - Third Condition) [2026] UKFTT 451 (PC) (11 March 2026)

Mr Gowdy and his predecessors were in factual possession of the Disputed Land for over ten years, with the requisite intention to possess, and the requirements of the first and third conditions of paragraph 5 of Schedule 6 to the Land Registration Act 2002 were met. The boundary agreement was void for want of writing, but proprietary estoppel arose due to the Council's conduct, binding successors. The application for registration succeeds and the Chief Land Registrar is directed to give effect to Mr Gowdy's application as if the objection had not been made.

Citation
[2026] UKFTT 451 (PC)
Parties
Applicant: Mr Gowdy; Objector/respondent: Mr Leysan
Jurisdiction
England and Wales
Judgment Date
11 March 2026
Procedural Posture
Land Registration Adverse Possession Application / First Tier Tribunal Property Chamber (land Registration) Judgment
Outcome
Application allowed; objection dismissed
Legal Topics
Adverse Possession, Boundary Agreements, Proprietary Estoppel, Land Registration Act 2002, Law of Property (miscellaneous Provisions) Act 1989
Property Law Land Registration Adverse Possession Boundary Agreements Proprietary Estoppel Land Registration Act 2002 Law of Property (miscellaneous Provisions) Act 1989

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Parties

Mr Gowdy

Applicant

Mr Leysan

Objector/respondent

Procedural Posture

Land Registration Adverse Possession Application / First Tier Tribunal Property Chamber (land Registration) Judgment

Legal Issues

  1. 1 Whether Mr Gowdy and his predecessors were in adverse possession of the Disputed Land for at least ten years prior to the application under Schedule 6 of the Land Registration Act 2002
  2. 2 Whether a boundary agreement existed and its legal effect
  3. 3 Whether proprietary estoppel applies to entitle Mr Gowdy to registration

Ratio Decidendi

Mr Gowdy and his predecessors were in factual possession of the Disputed Land for over ten years, with the requisite intention to possess, and the requirements of the first and third conditions of paragraph 5 of Schedule 6 to the Land Registration Act 2002 were met. The boundary agreement was void for want of writing, but proprietary estoppel arose due to the Council's conduct, binding successors. The application for registration succeeds and the Chief Land Registrar is directed to give effect to Mr Gowdy's application as if the objection had not been made.

Court Disposition

Application allowed; objection dismissed

Orders

  • Chief Land Registrar to give effect to Mr Gowdy's application for registration as proprietor of the Disputed Land as if the objection had not been made.
  • Preliminary order for Mr Leysan to pay Mr Gowdy's costs to be assessed on the standard basis, subject to further submissions by 27 March 2026.