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Land Registry Adjudicator

This page deals with two issues:
  • The jurisdiction of the Land Registry Adjudicator to deal with an adverse possession claim where a defendant to an application for an anti-social behaviour injunction, had already made an application to the Land Registry under Schedule 6 to be registered as the owner of a bit of neighbouring owned by the landlord, and
  • The date upon which a successful applicant for rectification to the register can have the application registered.
It is not yet clear to what extent these cases will continue to be relevant now that the Land Registry Adjudicator has been replaced by the Property Chamber.


Adverse possession

Jurisdiction to determine claims

Swan Housing Association Limited v Gill
[2012] EWHC 3129

Summary

Where a tenant, who was a defendant to an application for an anti-social behaviour injunction, had already made an application to the Land Registry under Schedule 6 to be registered as the owner of a bit of neighbouring owned by the landlord, it was for the Land Registry, rather than the court, to determine the claim for adverse possession.

Facts

D was an assured tenant of C’s property. D fenced off part of the garden that was not included in the demise and built greenhouses and a gazebo on it. C brought a claim against D for anti-social behaviour injunction because he had blocked the side passage and built the gazebo. D applied for an adjournment of the trial on the basis that he had made an application to the Land Registry to register possessory title to the land.

First instance

The county court held that Schedule 6 paragraph 1(3) of the LRA 2002 meant that D was prevented from making an application to the Land Registry, and that it was for the county court to consider the issue of adverse possession. The court adjourned the trial and gave directions. D appealed.

Decision

The High Court (Eady J) allowed the appeal. The statutory framework had been correctly followed by D. The issue of adverse possession was to be determined solely by the Land Registry with the appointment of an adjudicator. The only circumstances in which the cou ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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