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The Privy Council held that Crown land in St Helena can be acquired by prescription under the Registered Land Ordinance 1980; the appeal was allowed.
The Privy Council held that the appellant had an easement of necessity over the upper eastern road, but upheld the damages assessment for encroachment.
Sommer (2) Katherine Sommer v Monmouthshire County Council (Adverse possession : Applications under Schedule 6 to the Land Registration Act 2002) [2017] UKFTT 51 (PC) (01 December 2017)
The tribunal held that the disputed land was not part of the public highway and allowed the adverse possession application under Schedule 6.
The Privy Council held that a bona fide purchaser of registered land does not take free of adverse possession rights that accrued before registration.
The Privy Council held that the Turks and Caicos Registered Land Ordinance does not bar a knowing receipt claim against a registered proprietor.
The Privy Council held that Calixtus Henry proved proprietary estoppel, but reduced the remedy to half of Theresa Henry’s undivided half share in the land.
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