Thames Water Developments Ltd must wait to see whether it has succeeded in an Appeal Court challenge to a High Court ruling that Kingsalton Ltd is entitled to claim ownership of a strip of land between a factory and a lane at Alton, Hampshire.
ALIGN=”JUSTIFY”>Thames, which owns the lane, claims that when its predecessors sold the factory site to Kingsalton, they retained the strip of land between it and the lane.
ALIGN=”JUSTIFY”>Kim Lewison QC, counsel for Thames, argued that Deputy Judge David Mackie QC was wrong to rule in July that Kingsalton was entitled to rectification of the land register regarding the ownership of the strip of land.
ALIGN=”JUSTIFY”>He contended that there was a strong presumption against rectification of the title of a proprietor who was in possession.
ALIGN=”JUSTIFY”>However, David Elvin, counsel for Kingsalton, argued that restrictions on rectification where a proprietor was in possession did not apply where rectification of the register was made following an order of the court.
ALIGN=”JUSTIFY”>The court has reserved judgment.
Kingsalton Ltd and another v Thames Water Developments Ltd and others Court of Appeal (Peter Gibson and Arden LJJ, and Sir Christopher Slade) 30 November 2000.
Kim Lewison QC and Timothy Fancourt (instructed by Ashurst Morris Crisp) appeared for the appellants; David Elvin QC and Timothy Morshead (instructed by Dibb Lupton Alsop, of Birmingham) appeared for the respondents.
PLS News 1/12/00
