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041 _aeng
110 _aRoyal Courts of Justice
_94330
245 _aClapham v Narga
260 _a[2024] EWCA Civ 1388
_bCourt of Appeal,
_c11 November 2024
520 _aAppeal against decision of ChD allowed. A dispute about a strip of land where the owners on one side side had acquired it by adverse possession before first registration of the property on the other side. Exploration of Land Registration Act 1925 s.75; Land Registration Rules 1925 r.278 and the Land Registration Act 2002 s.60. The judgment stated that the purpose of the filed plan is to identify the property not to identify where its boundaries are. The whole point of the general boundaries rule, formerly found in rule 278 of the 1925 Rules and now found in s. 60 LRA 2002, is that the filed plan does not determine the exact line of the boundary. It was also argued that the defendant could have consulted the neighbouring landowners before, rather than after, purchasing Brook Barn. Had she done so, this boundary dispute may not have arisen.
650 _aADVERSE POSSESSION
650 _aBOUNDARIES
650 _aBOUNDARY DISPUTES
650 _aLAND REGISTRATION ACT 2002
650 _aLAND REGISTRATION ACT 1925
650 _aVALUATION
651 _aEngland
856 _uhttps://caselaw.nationalarchives.gov.uk/ewca/civ/2024/1388
_zAvailable from caselaw archive
999 _c122056
_d122056