Clapham v Narga [2024] EWCA Civ 1388 - A Landmark Case on Boundary Disputes and the Limits of Title Plans

On 11 November 2024, the Court of Appeal delivered its judgement in Clapham v Narga [2024] EWCA Civ 1388, a significant decision for anyone involved in boundary disputes, adverse possession claims, or land registration matters.

This case serves as a crucial reminder that litigating boundary disputes can be financially risky, with legal costs in this instance exceeding £300,000, and that title plans have limited authority in determining precise legal boundaries.

Background of the Dispute

The claimants, Mr. and Mrs. Clapham, owners of 24 The Green, and Mr. and Mrs. Wright, owners of 25 and 26 The Green (collectively referred to as the Adjoining Owners), brought a claim against the respondent, Ms. Narga, the owner of Brook Barn.

The properties mentioned are separated by a brook, which became the central point of the dispute. In 2020, after purchasing Brook Barn, Ms. Narga reviewed her Land Registry title plan and believed that her boundary extended beyond a fence on the north side of the brook, crossing over the brook onto what she described as the Disputed Land. Acting on this belief, she sought licence fees from the Adjoining Owners for their use of the Disputed Land.

The Adjoining Owners rejected her claim, asserting that they owned the land up to the north side of the brook, as marked by the long-established fence.

County Court Findings

The County Court initially ruled that while the Adjoining Owners had acquired the Disputed Land through adverse possession, they had lost the title due to the operation of Section 75 of the Land Registration Act 1925 and the provisions under the Land Registration Act 2002.

The Adjoining Owners appealed, first unsuccessfully, but then took the matter to the Court of Appeal.

Court of Appeal Rulings

The Court of Appeal ruled in favour of the Adjoining Owners, finding that:

1. The Adjoining Owners were entitled to be registered as owners of the Disputed Land.
2. The long-standing fence remained the boundary between the properties.
3. The Brook Barn title plan did not confer ownership over the Disputed Land.
4. Under the general boundary rule (Section 60 of the Land Registration Act 2002), title plans serve only to identify the general location of property, not its precise legal boundaries.
5. Section 75 of the Land Registration Act 1925 did not apply.
6. The Disputed Land had already been adversely possessed by the Adjoining Owners before Brook Barn was first registered in 2003, meaning the registration never extended to the Disputed Land.

Legal Takeaways and Practical Lessons

This decision offers several critical lessons for property owners, lawyers, and surveyors involved in boundary disputes:

Title plans are indicative, not definitive. As Lord Justice Nugee explained: “The whole point of the general boundaries rule… is that the filed plan does not determine the exact line of the boundary."

Boundary determination requires detailed analysis. Lord Justice Newey emphasised the need to examine historic conveyances, transfers, physical features on the ground at the time of the original conveyance, and any adverse possession claims predating the first registration.

Adverse possession can alter boundaries, even before registration. The case demonstrates that a 12-year period of adverse possession over unregistered land can effectively shift boundaries prior to formal registration.

Due diligence before purchase is essential. Lord Justice Peter Jackson highlighted that thorough pre-purchase enquiries regarding boundary positions could have prevented this lengthy and costly litigation.

Final Thoughts

Clapham v Narga stands as a cautionary tale for property purchasers, boundary dispute litigants, and legal practitioners alike. Boundary disputes are rarely straightforward – and relying solely on title plans without a deeper legal and factual assessment can be a costly mistake.

If you are dealing with a boundary dispute, property ownership issue, or need expert advice on adverse possession or land registration, our experienced Property Litigation team is here to help. Contact us today on 01329 288121 or email enquiries@warnergoodman.co.uk for clear, practical advice and tailored assistance.