Boundary Dispute : Determining Exact Line of Boundary
Citations:
[2017] UKFTT 885 (PC)
Links:
Jurisdiction:
England and Wales
Registered Land
Updated: 03 April 2022; Ref: scu.602989
Boundary Dispute : Determining Exact Line of Boundary
[2017] UKFTT 885 (PC)
England and Wales
Updated: 03 April 2022; Ref: scu.602989
Contracts and Options : Statutory Requirements
[2017] UKFTT 882 (PC)
England and Wales
Updated: 03 April 2022; Ref: scu.602983
Adverse Possession : Factual Possession
[2017] UKFTT 890 (PC)
England and Wales
Updated: 03 April 2022; Ref: scu.602982
Adverse Possession : Intention To Possess
[2017] UKFTT 886 (PC)
England and Wales
Updated: 03 April 2022; Ref: scu.602990
Practice and Procedure : Status of Parties
[2017] UKFTT 883 (PC)
England and Wales
Updated: 03 April 2022; Ref: scu.602988
Costs : Scope of Jurisdiction
[2017] UKFTT 0864 – C (PC)
England and Wales
Updated: 03 April 2022; Ref: scu.602986
Beneficial Interests, Trusts and Restrictions : Matrimonial and Similar Disputes
[2017] UKFTT 888 (PC)
England and Wales
Updated: 03 April 2022; Ref: scu.602987
Boundary Dispute : Determining Exact Line of Boundary
[2017] UKFTT 884 (PC)
England and Wales
Updated: 03 April 2022; Ref: scu.602985
From the Court of Appeal of the Turks and Caicos Islands
Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath, Lord Briggs
[2017] UKPC 45
Commonwealth
Updated: 02 April 2022; Ref: scu.601884
Contracts and Options : Statutory Requirements
[2017] UKFTT 810 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601401
(Beneficial Interests, Trusts and Restrictions : Express Agreement) Claim by A to a beneficial interest in a property bought as an investment at auction in A’s absence and paid for initially with R’s own borrowed funds. A and R had attended auctions together before and A’s evidence was that they had agreed to go into business together, buying and letting out houses. Two months after completion, A transferred to R’s account money borrowed from the bank and from relatives and friends amounting to exactly half the total of the purchase price and costs. The property was let out. There was a chain of texts from A complaining that he had not received his share of the rent, which produced some payments from R. In the proceedings R claimed that A had lent the money to R without R having asked for the money. Held that there was an express agreement that the property would be held for A and R in equal shares. I accepted A’s evidence that R had told him that it was only a technicality that legal title was in his name. A’s claim succeeded. There had been video evidence in the form of an exert from the tv programme ‘Under the Hammer’, showing A and R at an auction and raising their arms together to bid for a property.
[2017] UKFTT 677 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601384
(Charges and Charging Orders : Charging Orders) Co-owner agreed at the hearing that a judgment creditor with a charging order final was entitled to enter a restriction in the register. An oral agreement between the co-owners in 2007 whereby one transferred her interest to the other was not documented in any way. Post that agreement both co-owners joined in the re-jig of the mortgage, even though all repayments were made by one of them.
[2017] UKFTT 714 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601386
(Beneficial Interests, Trusts and Restrictions : Express Agreement) This was a beneficial interest case where the parties had made an agreement about their interests at the time of purchase but had subsequently made an express agreement which changed their interests. As a result of the finding as to the beneficial interests the registrar was directed to give effect to the application for a restriction. A good example of a beneficial interest dispute where the finding as to the quantum of the interest was an integral part of the decision that there was an interest. The latter could not have been made without the former.
[2017] UKFTT 736 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601385
Easements and Profits A Prendre : Lost Modern Grant
[2017] UKFTT 806 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601395
[2017] UKFTT 678 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601381
Beneficial Interests, Trusts and Restrictions : Restrictions Where No Beneficial Interest
[2017] UKFTT 807 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601399
Applicant alleged that her signature on the Transfer of the property had been forged and that the signature (whosever it was) had not been properly witnessed. She sought rectification of the register and her reinstatement as proprietor. There was no objection from the registered proprietor but the Respondent had a restriction in the register in respect of a restraint order under Proceeds of Crime Act 2002. The Tribunal found there was insufficient evidence of a forgery. The defective attestation was proven but, on analysis, did not mean there had been a mistake in the register. The Respondent, as the beneficiary of a restraint order, was entitled to be heard on the question of rectification.
[2017] EWLandRA 2016 – 0207, [2017] UKFTT 803 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601394
Boundary Dispute : Determining Exact Line of Boundary
[2017] UKFTT 812 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601393
Beneficial Interests, Trusts and Restrictions : Trustee In Bankruptcy
[2017] UKFTT 811 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601396
[2017] UKFTT 681 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601380
Boundary Dispute : Determining Exact Line of Boundary
[2017] UKFTT 809 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601392
(Practice and Procedure : Scope of Jurisdiction) Application for first registration of a section of embankment to the rear of the Applicants’ home based on adverse possession. Respondent, the local highway authority, argued that the embankment formed part of a defined public footpath and was accordingly part of a highway. The parties accepted that if the disputed land was part of a highway the claim based on adverse possession should fail. The current definitive map of the defined public footpath did not specify the width of the pathway. The embankment did not form part of the footpath as currently used but the local authority contended that the disputed land was part of an ancient drovers’ way. The local authority did not call any expert evidence and the very limited factual evidence was tendered. The evidence presented was not sufficient to support the local authority’s contention and the Applicants’ evidence established adverse possession of the embankment. The application succeeded. The Decision includes a discussion of the extent of the Tribunal’s jurisdiction to consider matters not raised in objections made to the Land Registry prior to the reference. Contrary to the Applicants’ submission, it was held that the Tribunal had jurisdiction to determine on the evidence whether the Applicants had adversely possessed the disputed land even though the local authority had not challenged the claim to adverse possession until after the reference. The question of whether the Applicants had adversely possessed the land was part of the ‘matter’ referred to the Tribunal, adopting the approach set out in paragraph 7.4 of A Practical Guide to Land Registration Proceedings.
[2017] UKFTT 679 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601382
Leases and Licenses : Validity of Leases
[2017] UKFTT 802 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601400
Adverse possession – 2nd Respondent bought the land in 1989 and was registered as proprietor but never took possession. It remained part of the back garden of the house whose owner sold it to 2nd Respondent. Applicant was the seller’s successor in title; she took over the earlier adverse possession. She was entitled to be registered as proprietor pursuant to the transitional provisions; she applied instead under the transitional provisions but was allowed to proceed under Schedule 6 paragraph 5(3). There was no valid objection; but the Respondent’s objection was put in just out of time (at 12:01 on the 65th business day), so the decision sets out in detail why the application would have been successful in any event under paragraph 5(3).
[2017] UKFTT 712 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601389
(Beneficial Interests, Trusts and Restrictions : Express Agreement) Applicant sought a restriction in Form A to record her beneficial interest in the flat in which she lived, which was part of the registered title, the rest of the title being the ground-floor commercial premises. The Respondent agreed that she could have a restriction (because it was agreed that she had a life interest in the flat) but sought the amendment of the standard form so as to refer only to the flat itself, so as not to hamper his ability to grant leases of the rest of the property. Held that the amendment of the restriction would not meet the criteria set out in s 43(3) of the LRA 2002 (in particular, it would impose an unreasonable burden on the registrar) and so directed the registrar to give effect to the Applican’s application.
[2017] UKFTT 758 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601387
Fraud, Forgery, Duress and Undue Influence : Evidence
[2017] UKFTT 808 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601398
(Charges and Charging Orders : Bankruptcy and Insolvency) Applicant and 2nd Respondent were the registered proprietors of the property; 1st Respondent had a registered charge dated 1993. Nothing had been paid and no interest had accrued under the charge since 1993. A applied to have the charge removed. R1 objected on the basis that it had been acknowledged, by letter from R2’s trustee in bankruptcy as agent for R2. Held that the trustee in bankruptcy was not R2’s agent and also that in any event one mortgagor could not make on behalf of both proprietors an acknowledgement sufficient for section 29 of the Limitation Act 1980. The registrar was directed to respond to the application as if the objection had not been made.
[2017] UKFTT 676 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601383
(Fraud, Forgery, Duress and Undue Influence : Effect On Registered Title) Fraud. Applicant sought registration of a transfer; Respondent (the transferor) said that he did not sign either the contract or the TR1. The judge found that although he did not sign the TR1 he did sign the contract. Therefore although the registrar was ordered to cancel the application for registration of the transfer, the judge directed the entry of a notice to protect the contract.
[2017] UKFTT 713 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601390
Adverse Possession : Factual Possession
[2017] UKFTT 711 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601391
Beneficial Interests, Trusts and Restrictions : Express Agreement
[2017] UKFTT 805 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601397
[2017] UKFTT 735 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601378
Fraud, Forgery, Duress and Undue Influence : Setting Aside
[2017] UKFTT 680 (PC)
England and Wales
Updated: 02 April 2022; Ref: scu.601379
Newey LJ
[2017] EWHC 2730 (Ch)
England and Wales
Updated: 01 April 2022; Ref: scu.599636
Easements and Profits A Prendre : Construction of Express Grant
[2017] UKFTT 639 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597411
Easements and Profits A Prendre : Construction of Express Grant
[2017] UKFTT 641 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597419
Practice and Procedure : Adjournment of Adjudicator’s Proceedings
[2017] UKFTT 675 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597408
Easements and Profits A Prendre : Prescription, Requirements and Acquisition
[2017] UKFTT 635 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597410
Beneficial Interests, Trusts and Restrictions : Constructive Trust – Inferred Common Intention
[2017] EWLandRA 2016 – 0545 –
England and Wales
Updated: 31 March 2022; Ref: scu.597409
Boundary Dispute : Boundary Agreement
[2017] UKFTT 637 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597413
Boundary Dispute : Boundary Agreement
[2017] EWLandRA 2016 – 0219 –
England and Wales
Updated: 31 March 2022; Ref: scu.597418
Adverse Possession : Applications Under Schedule 6 To The Land Registration Act 2002
[2017] UKFTT 638 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597417
Charges and Charging Orders : Construction
[2017] UKFTT 640 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597414
Adverse Possession : Applications Under Schedule 6 To The Land Registration Act 2002
[2017] EWLandRA 2016 – 0276 –
England and Wales
Updated: 31 March 2022; Ref: scu.597415
Alteration and Rectification of The Register : Mistake
[2017] UKFTT 642 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597416
Boundary Dispute : General Boundaries Rule
[2017] UKFTT 636 (PC)
England and Wales
Updated: 31 March 2022; Ref: scu.597412
Registered land – fraud – rectification – adverse possession.
[2017] UKUT 332 (TCC)
England and Wales
Updated: 30 March 2022; Ref: scu.595597
Boundary Dispute : General Boundaries Rule
[2017] EWLandRA 2016 – 0264
England and Wales
Updated: 29 March 2022; Ref: scu.593565
[2017] EWLandRA 2016 – 0528
England and Wales
Updated: 29 March 2022; Ref: scu.593561
Beneficial Interests, Trusts and Restrictions : Constructive Trust – Inferred Common Intention
[2017] EWLandRA 2016 – 0165 –
England and Wales
Updated: 29 March 2022; Ref: scu.593564
Charges and Charging Orders : Charging Orders
[2017] EWLandRA 2016 – 0536
England and Wales
Updated: 29 March 2022; Ref: scu.593562
Easements and Profits A Prendre : Prescription, Requirements and Acquisition
[2017] EWLandRA 2016 – 0626
England and Wales
Updated: 29 March 2022; Ref: scu.593566
[2017] EWLandRA 2016 – 0545
England and Wales
Updated: 29 March 2022; Ref: scu.593563
Beneficial Interests, Trusts and Restrictions : Matrimonial and Similar Disputes
[2017] EWLandRA 2016 – 0328
England and Wales
Updated: 29 March 2022; Ref: scu.593549
Adverse Possession : Factual Possession
[2017] EWLandRA 2015 – 0778
England and Wales
Updated: 29 March 2022; Ref: scu.593546
[2017] EWLandRA 2016 – 0521
England and Wales
Updated: 29 March 2022; Ref: scu.593554
Alteration and Rectification of The Register : Discretion of The Registrar and of The Adjudicator
[2017] EWLandRA 2014 – 0076 –
England and Wales
Updated: 29 March 2022; Ref: scu.593548
[2017] EWLandRA 2016 – 0399
England and Wales
Updated: 29 March 2022; Ref: scu.593553
Adverse Possession : Applications Under Schedule 6 To The Land Registration Act 2002
[2017] EWLandRA 2016 – 0667
England and Wales
Updated: 29 March 2022; Ref: scu.593547
[2017] EWLandRA 2016 – 0158
England and Wales
Updated: 29 March 2022; Ref: scu.593555
Fraud, Forgery, Duress and Undue Influence : Evidence
[2017] EWLandRA 2016 – 0154
England and Wales
Updated: 29 March 2022; Ref: scu.593551
[2017] EWLandRA 2016 – 0600
England and Wales
Updated: 29 March 2022; Ref: scu.593560
Beneficial Interests, Trusts and Restrictions : Contributions
[2017] EWLandRA 2015 – 0842
England and Wales
Updated: 29 March 2022; Ref: scu.593543
[2017] EWLandRA 2016 – 0004
England and Wales
Updated: 29 March 2022; Ref: scu.593556
Boundary Dispute : General Boundaries Rule
[2017] EWLandRA 2015 – 0937
England and Wales
Updated: 29 March 2022; Ref: scu.593550
[2017] EWLandRA 2016 – 0552
England and Wales
Updated: 29 March 2022; Ref: scu.593558
Boundary Dispute : Determining Exact Line of Boundary
[2017] EWLandRA 2016 – 0194
England and Wales
Updated: 29 March 2022; Ref: scu.593544
Contracts and Options : Statutory Requirements
[2017] EWLandRA 2016 – 0766
England and Wales
Updated: 29 March 2022; Ref: scu.593542
[2017] EWLandRA 2016 – 0622
England and Wales
Updated: 29 March 2022; Ref: scu.593557
Boundary Dispute : Determining Exact Line of Boundary
[2017] EWLandRA 2016 – 0645
England and Wales
Updated: 29 March 2022; Ref: scu.593545
Easements and profits a prendre : Prescription, requirements and acquisition
[2017] EWLandRA 2014 – 0719
England and Wales
Updated: 29 March 2022; Ref: scu.593541
Fraud, Forgery, Duress and Undue Influence : Evidence
[2017] EWLandRA 2015 – 0281
England and Wales
Updated: 29 March 2022; Ref: scu.593552
[2017] EWLandRA 2015 – 0583
England and Wales
Updated: 29 March 2022; Ref: scu.593559
Adverse Possession : Land Subject To Private or Public Rights of Way – Village Green – adverse possession – illegality – effect
Michael Michell, Deputy Adjudicator to HM Land Registry
[2012] EWLandRA 2011 – 0400
England and Wales
Updated: 29 March 2022; Ref: scu.517440
Beneficial Interests, Trusts and Restrictions : Express Agreement
[2017] EWLandRA 2016 – 0291
England and Wales
Updated: 24 March 2022; Ref: scu.581925
Boundary Dispute : Determining Exact Line of Boundary
[2017] EWLandRA 2016 – 0086
England and Wales
Updated: 24 March 2022; Ref: scu.581923
Contracts and Options : Rights of Pre Emption
[2017] EWLandRA 2015 – 0756
England and Wales
Updated: 24 March 2022; Ref: scu.581921
The plaintiff had transferred her house to her lodger, expressing it to be for her love and affection for him. The judge at first instance had held that the true intention of the plaintiff had been that she would continue to live there as before and that she owned the equity. The lodger had sold the title to the defendant who bought it with the assistance of a mortgage. He knew of her presence in the house, but not of the arrangement. The court was now asked as to the resulting position within the 1925 legislation.
Held: A registered proprietor, not being a purchaser for value and without notice of an occupier’s interests, will hold the legal estate on Trust for the occupier with no right to assign the equity.
Russell, Buckley, Cairns LJJ
[1971] EWCA Civ 8, [1971] Ch 892, (1971) 22 P and CR 586, [1971] 2 WLR 1263, [1971] 2 All ER 684
Land Registration Act 1925 70(1)(g), Law of Property Act 1925 53
England and Wales
Appeal from – Hodgson v Marks ChD 1970
The plaintiff, an elderly widow, transferred her house into the name of her lodger, but remained in occupation of the house, on exactly the same basis as before, until the lodger sold the house and the purchaser had mortgaged it to a building . .
Cited – Hunt v Luck CA 1902
Dr Hunt owned properties for which the rents were collected by his agent. The land were conveyed to a Mr Gilbert, who then mortgaged them. After the doctor’s death, his personal representatives challenged the validity of the conveyance. When the . .
Cited – Barnhart v Greenshields PC 5-Dec-1853
Pemberton Leigh said: ‘With respect to the effect of possession merely, we take the law to be, that if there be a tenant in possession of land, a purchaser is bound by all the equities which the tenant could enforce against the vendor, and that the . .
Cited – United Bank of Kuwait Plc v Sahib and Others CA 2-Feb-1996
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge.
Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.262759
The council appealed against a finding of the Deputy Adjudicator of the Land Registry refusing to alter the filed plan of the defendant’s title. Christopher Nugee QC approved the statement of the deputy adjudicator Mr Michael Mark described a change on the filed plan as producing ‘another general boundary in a more accurate position than the current general boundary’.
Christopher Nugee QC
[2007] EWHC 1326 (Ch)
England and Wales
Cited – Paton and Another v Todd ChD 11-May-2012
The claimants sought leave to appeal against rejection of their request made to the Deputy Adjudicator for the rectification of the title to land they claimed title to land which was registered to the respondent neighbour.
Held: The claimant’s . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 March 2022; Ref: scu.254484
The plaintiff company acquired the registered freehold title of a house in 1957. The house was already demised on a long lease. The leaseholder had sublet to the defendant, who, by continuous non-payment of rent, had, by 1963, acquired a prescriptive title against her. In 1968 the defendant sought registration as proprietor of the leasehold interest and, in the absence of any response from the leaseholder’s solicitors to the notice that they received, the Land Registry closed the registration of the latter’s title, and opened a new registration of the defendant’s title, describing the property as leasehold land held on the terms of the 1902 lease. Seven years later, in 1975, the leaseholder sought to defeat the defendant’s title by executing a deed of surrender to the freeholder (a company controlled by her own family).
Held: Browne-Wilkinson J said that the device, as it was admitted to be, failed, saying: ‘To my mind the words of section 75(1) are clear and unequivocal: the squatter claims to have acquired a title to ‘a registered estate in the land’ (ie the leasehold interest) and applies to be registered as a proprietor ‘thereof’ (my emphasis). Therefore under section 75(2), references to the squatter having acquired title to a registered estate must include the rights which under the Limitation Act 1939 the squatter acquires in relation to leasehold interests. Section 75(2) then refers to the squatter applying to be registered as proprietor ‘thereof’. This word can, in my judgment, only refer back to the registered estate in the land against which the squatter has acquired title under the Act of 1939, ie the leasehold interest. The clear words of the Act therefore seem to require that, once the 12 years have run, the squatter is entitled to be registered as proprietor of the lease itself, and is bound to be so registered if he applies for registration. It follows that in my judgment the defendant (as the squatter) is correctly registered as proprietor of the lease itself in accordance with the clear requirements of section 75. If that is right, . . [the leaseholder] cannot be entitled to rectification of the register as against the defendant, and she can therefore never get into a position in which she is competent to surrender the lease to the plaintiff.’
Browne-Wilkinson J
[1981] 1 All ER 6, (1980) 41 P and CR 133, [1981] 1 WLR 221
England and Wales
Updated: 23 March 2022; Ref: scu.252433
[2017] EWLandRA 2016 – 0357 –
England and Wales
Updated: 06 February 2022; Ref: scu.578554
(Easements and Profits A Prendre : Prescription, Requirements and Acquisition) – prescription – lost modern grant – absence of permission
[2017] EWLandRA 2015 – 0528
England and Wales
Updated: 06 February 2022; Ref: scu.578555
[2017] EWLandRA 2016 – 0136
England and Wales
Updated: 06 February 2022; Ref: scu.578552
[2017] EWLandRA 2016 – 0193
England and Wales
Updated: 06 February 2022; Ref: scu.578553
Adverse Possession : Factual Possession
[2016] EWLandRA 2015 – 0867
England and Wales
Updated: 06 February 2022; Ref: scu.578225
[2016] EWLandRA 2015 – 0409
England and Wales
Updated: 06 February 2022; Ref: scu.578215
Alteration and rectification of the register – adverse possession – effect of issuing county court possession proceedings
[2016] EWLandRA 2015 – 0701
School Sites Act 1841, Limitation Act 1980
England and Wales
Updated: 06 February 2022; Ref: scu.578222
[2016] EWLandRA 2015 – 0670
England and Wales
Updated: 06 February 2022; Ref: scu.578212
[2016] EWLandRA 2015 – 0936
England and Wales
Updated: 06 February 2022; Ref: scu.578219
Easements and Profits A Prendre : Prescription, Requirements and Acquisition
[2016] EWLandRA 2016 – 0074
England and Wales
Updated: 06 February 2022; Ref: scu.578221
Deeds : Execution
[2016] EWLandRA 2014 – 0164
England and Wales
Updated: 06 February 2022; Ref: scu.578223
[2016] EWLandRA 2015 – 0541
England and Wales
Updated: 06 February 2022; Ref: scu.578216