Derbyshire CC v Fallon [electronic resource]
Derbyshire CC v Fallon [electronic resource]
- 2008
[2007] EWHC 1326 (Ch), 25 April 2007. Considers circumstances in which it might be appropriate not to alter an incorrectly determined boundary. The local authority (D) appealed against a Land Registry adjudicator's decision not to a boundary of their land which adjoined the defendant (F)'s. F had built an extension to their property across the correct boundary. The adjudicator had decided that this meant D would be unlikely to recover the land and, despite having established its paper title, these exceptional circumstances rendered the claim unreasonable. D appealed against this and against the ruling it should pay some of F's costs. "Held": In ordinary circumstances it would be appropriate to amend the boundary. However doing so in this case would accord only with D's paper title and not with the position in the real world. F had won but not succeeded on all issues, so it was reasonable for D to pay part of his costs. Appeal dismissed.
DERBYSHIRE CC V FALLON
LAND REGISTRATION ACT 1925
England and Wales--1543-
[2007] EWHC 1326 (Ch), 25 April 2007. Considers circumstances in which it might be appropriate not to alter an incorrectly determined boundary. The local authority (D) appealed against a Land Registry adjudicator's decision not to a boundary of their land which adjoined the defendant (F)'s. F had built an extension to their property across the correct boundary. The adjudicator had decided that this meant D would be unlikely to recover the land and, despite having established its paper title, these exceptional circumstances rendered the claim unreasonable. D appealed against this and against the ruling it should pay some of F's costs. "Held": In ordinary circumstances it would be appropriate to amend the boundary. However doing so in this case would accord only with D's paper title and not with the position in the real world. F had won but not succeeded on all issues, so it was reasonable for D to pay part of his costs. Appeal dismissed.
DERBYSHIRE CC V FALLON
LAND REGISTRATION ACT 1925
England and Wales--1543-