Source:	All England Reporter
Publisher Citation:	[2012] All ER (D) 164 (May)
Neutral Citation:	[2012] EWHC 1248 (Ch)
Court:	Chancery Division, Bristol District Registry
Judge:	Morgan J
Representation	The claimants appeared in person.
	David Taylor (instructed by Peter Peter & Wright) for the defendant.
Judgment Dates:	11 May 2012

Catchwords

Land registration - Rectification of register - Circumstances justifying rectification - Defendant registering land including disputed land - Claimants seeking registration of cottage - Claimants seeking alteration of register to remove disputed land from defendant's title and allowing disputed land being registered in claimants' names - Defendant serving notice of objection - Land Registry referring matter to deputy adjudicator - Deputy adjudicator holding exceptional circumstances justifying refusal to alter registered title - Claimants seeking permission to appeal against deputy adjudicator's decision - Whether permission to appeal should be granted - Whether claimants owning disputed land on basis conveyance of cottage expressly conveying land or as defendant's predecessors in title not owning disputed land - Whether disputed land being conveyed by force of presumption in respect of soil of road - Whether disputed land being conveyed under statute - Whether deputy adjudicator erring in refusing to alter registered title - Whether court having power to allow appeal and remit matter to deputy adjudicator - , - CPR 52.10(2).

The Case

Land registration Rectification of register. The Chancery Division allowed an appeal against the deputy adjudicator's refusal to rectify the register on the basis that the deputy adjudicator made no finding on the critical point of whether the defendant believed he acquired the disputed land when he bought the property.

Practice Areas

• Dispute Resolution
• Personal Injury
• Property

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