000 01562cad a22002055a 4500
001 L142116
008 080124e20080611xxk f v 000 0 eng d
035 _a(Sirsi) u142116
041 0 _aeng
245 0 0 _aDerbyshire CC v Fallon
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aDERBYSHIRE CC V FALLON
650 2 4 _aLAND REGISTRATION ACT 1925
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RURAL AND NATURAL ASSETS
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2007/1326.html
_zView the item free of charge at www.bailii.org...
942 _n0
999 _c79729
_d79729