Anticipated Objections and the Family’s Answers
Any court, ombudsman or public body will… … read more
Any court, ombudsman or public body will hear the same handful of objections to the family’s case. This page sets each one out with the family’s answer, followed by the law the answers rely on.
Controlling scope correction — 9 October… … read more
Controlling scope correction — 9 October 2026. The family’s established title case is that the 1877 arrangement took effect in 1928 and the full Parcel A passed to the Williams family: farmhouse/buildings, barn, stable and west-side yard, garden, north forest and south-east ground later registered as VG41. Parcel B was the separate eastern agricultural fields. The 1939 agreement/plan is already obtained and depicts Parcel B only. The family’s account is that the 1949 permissive-occupancy attempt failed; the title deed was reported missing in 1950–52; and on 4 July 1955 enforcement of Parcel B also seized the Parcel-A north forest and south-east green under “whole farm” wording. Mary’s defence of the remaining occupied house group does not narrow the title claim. The primary title case and the alternative limitation case (12 years from 1928 potentially maturing by 1940 if legal conditions were met) are distinct. 🕒
See also Where Things Stand and the Legal… … read more
See also Where Things Stand and the Legal Review — Fraud, Land and Human Rights.
Anticipated objections and the family’s answers
| Objection | The family’s answer |
|---|---|
| “The courts have already decided this.” | The 1987 Court of Appeal decided BP’s possession claim, including its limitation analysis and the effect of BP’s 1974 letters. The family’s current case concerns the full Parcel-A extent and the asserted 1928 title basis, while the surviving judicial summaries focus on possession, limitation and permission. The exact issues pleaded and decided must be described from the available judgments and pleadings; do not state categorically that no title issue was ever put or that the full Parcel-A boundary was exhaustively adjudicated. Fraud-based reopening and CPR 52.30 are separate, demanding routes and must not be asserted without the required evidence and legal advice. |
| “It is far too late.” | Under section 32 of the Limitation Act 1980, time does not run while fraud or deliberate concealment keeps the facts hidden. Key records are only now coming to light: the 1924 record held by HM Land Registry, and the collections records Amgueddfa Cymru found in October 2026. Others are still being withheld or reported missing. 🕒 |
| “The family were only tenants or licensees.” | The already-obtained 1939 WGR–John Williams agreement/plan depicts Parcel B, the eastern agricultural fields, only. It does not include Parcel A. On the family’s established title case, the 1877 arrangement took effect in 1928 and the full Parcel A—including north forest and south-east green ground—passed to the Williams family. The alternative limitation case is that twelve years from 1928 would have matured by 1940 if the applicable statutory conditions were met. The family says the 1949 attempt to cast Mary’s occupancy as permissive failed; the 1955 “whole farm” wording then obscured that earlier position. |
| “BP is the registered owner, and the register is conclusive.” | The register can be rectified to correct a mistake (Land Registration Act 2002, Schedule 4). When BP first registered in 1982–83, the family was in actual occupation, and the rights of people in actual occupation overrode first registration under section 70(1)(g) of the Land Registration Act 1925. Where rectification is refused, indemnity is available under Schedule 8. |
| “Missing records prove nothing.” 🕒 | The records are missing from the files of bodies that had a duty to keep them: Cadw’s 1988 listing file, the planning appendices, GGAT’s correspondence, and the 1969 root conveyance from the Land Registry schedule. Those bodies have to account for the gaps. Where a party has lost or destroyed evidence, the courts may draw inferences against it. 🕒 |
| “Strasbourg rejected the case in 1989.” | The European Commission of Human Rights ruled the application inadmissible on the 1988 record, without the title documents. That decision does not bar domestic proceedings on new evidence, or complaints about how public bodies have handled the records since 2000. |
| “The family’s accounts are self-serving.” | Mary Williams’s statement dates from about 1974, more than a decade before the 1986–87 litigation. A 1974 newspaper report independently records her ownership claim and a lawyer’s view that she had a case. William Buckler’s 1983 diary records the Daniel Thomas receipts. These are contemporaneous records, not accounts made up for a lawsuit. |
The legal framework
Existing judgments and proceedings
31 July 1987 — BP Properties Ltd v Buckler… … read more
31 July 1987 — BP Properties Ltd v Buckler [1987] EWCA Civ 2. Court of Appeal decision. BAILII case record.
1988–1989 — European Commission of Human… … read more
1988–1989 — European Commission of Human Rights application 14464/88. The Wiki records the application as introduced on 3 May 1988, registered on 12 December 1988 and declared inadmissible on 14 April 1989. HUDOC.
Final appeal reopening
CPR 52.30 — Reopening of final appeals. The… … read more
CPR 52.30 — Reopening of final appeals. The rule states that the Court of Appeal or High Court will not reopen a final determination unless the requirements in CPR 52.30(1)(a)–(c) are satisfied. Civil Procedure Rules, Part 52.
Practice Direction 52A, section 7 … … read more
Practice Direction 52A, section 7 — Reopening appeals. Paragraphs 7.1–7.4 specify the permission procedure and supporting written evidence. Practice Direction 52A.
Fraud, concealment and limitation
Limitation Act 1980, s.32. Section 32… … read more
Limitation Act 1980, s.32. Section 32 concerns postponement of limitation in cases based on fraud, deliberate concealment or mistake. legislation.gov.uk — section 32.
20 March 2019 — Takhar v Gracefield… … read more
20 March 2019 — Takhar v Gracefield Developments Ltd [2019] UKSC 13. Supreme Court judgment concerning an application to set aside a judgment obtained by fraud. UK Supreme Court case page.
15 November 2023 — Canada Square Operations… … read more
15 November 2023 — Canada Square Operations Ltd v Potter [2023] UKSC 41. Supreme Court judgment concerning deliberate concealment under s.32 of the Limitation Act 1980. UK Supreme Court case materials.
Land registration
Land Registration Act 2002, Schedule 4.… … read more
Land Registration Act 2002, Schedule 4. Provides the statutory framework for alteration of the register, including rectification. legislation.gov.uk — Schedule 4.
Land Registration Act 2002, Schedule 8.… … read more
Land Registration Act 2002, Schedule 8. Provides the statutory framework for indemnity. legislation.gov.uk — Schedule 8.
Land Registration Act 2002, Schedule 1… … read more
Land Registration Act 2002, Schedule 1, paragraph 2. Lists interests of persons in actual occupation among the interests capable of overriding first registration, subject to the statutory conditions. legislation.gov.uk — Schedule 1.
Human rights
Human Rights Act 1998, Schedule 1. Sets out… … read more
Human Rights Act 1998, Schedule 1. Sets out the Convention rights given effect in domestic law, including Article 6 and Article 1 of Protocol 1. legislation.gov.uk — Schedule 1.
How the source record is used on this Wiki
- Evidence: the document, image, plan, register, judgment or official response is identified and linked where available.
- Evidence description: the entry states what the source records, with its date, reference or provenance where known.
- Interpretation: the interpretation is kept separate from the source description and is tied to the evidence recorded elsewhere on the Wiki.
- Open question: where the underlying record has not been found, the missing record is identified rather than supplied with invented content. 🕒
Related Wiki records
BP Properties Ltd v Buckler · Land Registry… … read more
BP Properties Ltd v Buckler · Land Registry Titles · 1974 Licence Letters · Anomalies Register · Missing Records Register 🕒