Head of Trinity Chambers’ Business and Property team, Simon Goldberg K.C. acted on behalf of the Respondents in the Upper Tribunal (Lands Chamber) case of Brown v Ridley and Ridley [2024] UKUT 14.
The President of the Upper Tribunal, Mr Justice Edwin Johnson considered one of the last unresolved issues of statutory construction arising from the “new” adverse possession regime under Schedule 6 to the Land Registration Act 2002, namely the period over which an applicant for adverse possession must reasonably believe that the application land belongs to them, for the purposes of paragraph 5(4)(c).
In an illuminating judgment, which contains a detailed analysis of the doctrine of precedent as well as the relevant statutory provisions, the President held that, although he was bound by authority in the Court of Appeal that the relevant period was the last 10 years prior to the date of the application for adverse possession, having heard full argument on the issue, if he were not so bound, he would have determined that an applicant is required to hold the relevant belief for any 10 years of the period of adverse possession.
Acting for Mr and Mrs Ridley, Simon Goldberg K.C. was instructed by Mathew Sigsworth at EMG solicitors.