Source: All England Reporter
Publisher Citation: [2007] All ER (D) 78 (Jun)
Neutral Citation: [2007] EWHC 1326 (Ch)
Court: Chancery Division

Christopher Nugee QC sitting as a deputy judge of the High Court

Representation Soofi Din (instructed by the County Secretary and Solicitor) for the claimant.
  Martin Strutt (instructed by Nelsons) for the defendants.
Judgment Dates: 11 June 2007


Land registration - Boundary - Filed plan - Claimant applying to alter registered title of defendants' land - Adjudicator finding claimant having paper title to disputed land - Adjudicator considering whether exceptional circumstances justifying not making alteration to title - Adjudicator considering unresolved issue as to whether claimant would be able to recover its land from defendants - Adjudicator declining alter title - Whether adjudicator erring.

The Case

Land registration Boundary. The claimant's appeal against the decision of the adjudicator to the Land Registry decision not to alter a boundary in which the claimant had been shown to have paper title was dismissed because the adjudicator had been entitled to consider as relevant to the question of whether there were exceptional circumstances for not altering the title, whether the claimant was able in practice to recover the disputed land from the defendants.

Practice Areas

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