Head of Trinity Chambers’ Business and Property Group, Simon Goldberg K.C., appeared for the appellants Mr and Mrs Ridley in the Supreme Court in the case of Ridley and another v Brown, on 21 January 2024. This was the first time the Supreme Court has considered the “new” adverse possession regime for registered land, introduced by the Land Registration Act 2002.
The issue to be determined by Lord Briggs, Lord Hamblen, Lord Stephens, Lady Rose and Lady Simler is for what 10-year period an applicant, who seeks to be registered under the doctrine of adverse possession on the ground of a reasonable mistake as to the boundary, is required to hold their reasonable belief that they owned the relevant land. Is it any 10-year period within the period of their adverse possession, or the last 10 years ending on the date of their application for registration, or the last 10 years discounting any “de minimis period”?
Simon led Sam Healy of 42 Bedford Row, instructed by Matthew Sigsworth at Ward Hadaway.
The hearing was live-streamed and a recording is available here.