header-logo header-logo

The Battle of Ireby Fell

13 December 2013 / Andrew Bruce
Issue: 7588 / Categories: Features , Property
printer mail-detail

 Andrew Bruce discusses the recent decision in Walker & Scott v Burton & Bamford relating to rectification of the Land Register

Ireby (population 60) is a tiny village in Lancashire. It is situated at the highest point in Lancashire and close to the county boundary with West Yorkshire. For the past eight years it has been the site of “a rather old fashioned un-neighbourly dispute with some unusual feudal bits and some land registration bits tacked on”. This dispute culminated in the Court of Appeal’s decision in Walker & Scott v Burton & Bamford [2013] EWCA Civ 1228, [2013] All ER (D) 146 (Oct) on 14 October 2013. This article considers the land registration issues associated with the dispute.

Background

The protagonists in the dispute are Mr Burton (a retired banker from Maidstone), his wife Ms Bamford (a business consultant), and various villagers from Ireby. On 1 September 2000, Mr and Mrs Burton purchased the freehold of Over Hall Farm (the Hall), which is just to the north of Ireby, together with some 39.25 acres

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll