Alan Wibberley Building Ltd v Insley

JurisdictionUK Non-devolved
JudgeLORD BROWNE-WILKINSON,LORD LLOYD OF BERWICK,LORD HOFFMANN,LORD HOPE OF CRAIGHEAD,LORD CLYDE
Judgment Date29 April 1999
Judgment citation (vLex)[1999] UKHL J0429-1
CourtHouse of Lords
Date29 April 1999
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42 cases
  • William Patrick Hatton and Another v Peter Connew and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 December 2013
    ...they are based on OS maps which, though usually very accurate, do not fix private boundaries. As Lord Hoffmann explained in Alan Wibberley Building Ltd v Insley [1999] 1 WLR 894 (at page 897 B-C): "The Land Registry uses maps based upon the Ordnance Survey which are, of course, usually very......
  • London Borough of Southwark v Ludgate House Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 December 2020
    ...common law, which is good against all the world, except someone with a better right to possession. As Lord Hoffmann put it in Alan Wibberley Building Ltd v Insley [1999] 1 W.L.R. 894: “Possession is in itself a good title against anyone who cannot show a prior and therefore better right to......
  • Nihal Mohammed Kamal Brake v The Chedington Court Estate Ltd
    • United Kingdom
    • Chancery Division
    • 25 February 2022
    ...first squatter nevertheless has a better title than the latter, though a worse title relative to the paper title owner (see eg Alan Wibberley Building Ltd v Insley [1999] 1 WLR 894, 898A-B). He would therefore succeed in recovering possession against the second squatter, but fail if the pa......
  • South Tees Development Corporation v PD Teesport Ltd
    • United Kingdom
    • Chancery Division
    • 5 February 2024
    ... [2010] EWCA Civ 873 at [9] (by reference to the earlier decision of the House of Lords in Alan Wibberley Building Limited v Insley [1999] 1 WLR 894): “ 9. Alan Wibberley supplies the solution. From it the following points can be distilled as pronouncements at the highest judicial level: —......
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5 books & journal articles
  • The Lands of the Lord
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Part II. Lands
    • 29 August 2012
    ...deeds that the boundary had been treated as the middle of the hedge. However, the House of Lords 49 Bracton op cit f 167, 180, 207. 50 [1999] 1 WLR 894, [1999] 2 All ER 897. considered that while title deeds might be conclusive where a property originally in one ownership was divided so tha......
  • General Words
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Part III. Rights
    • 29 August 2012
    ...in 9.5 references to manorial rights were often to the income derived by way of rents, court payments and accidental services. 19 [1999] 1 WLR 894. 20 Asher v Whitlock (1865) LR 1 QB 1. 21 Bocardo SA v Star Energy UK Onshore Ltd [2011] 1 AC 380. 22 This may have followed the Roman law that ......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Positive Covenants and Freehold Land Contents
    • 30 August 2019
    ...Farmar & Shirreff (a firm) [2003] EWHC 1275 (Ch), [2003] All ER (D) 49 (Jun) 30–31 Alan Wibberley Building Ltd v Insley [1999] UKHL 15, [1999] 1 WLR 894, [1999] 2 All ER 897, (1999) 78 P & CR 327, HL 91 Anon (1534) Brooke’s New Cases 74; 121 Selden Society 413 94 Arnold v Britton [2015] UKS......
  • Easements and Nuisance
    • United Kingdom
    • Wildy Simmonds & Hill Positive Covenants and Freehold Land Contents
    • 30 August 2019
    ...of the two parties and also on the defendant’s knowledge of the risk. 83 Alan Wibberley Building Limited v Insley [1999] UKHL 15, [1999] 1 WLR 894. 92 Positive Covenants and Freehold Land The longstanding position that there is no positive duty to take action has been eroded but not removed......
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