Lowe and Another v William Davis Ltd: UTTC 26 Jun 2018

FTT’s jurisdiction to locate boundary

Land Registration – Location of Boundary- Land registration – Land Registration Act 2002, section 60 – Land Registration Rules 2003, rules 118 – 120 – application to First-tier Tribunal for determination of exact line of boundary – First-tier Tribunal holding that application plan inaccurate and directing Chief Land Registrar to cancel application – First-tier Tribunal making findings as to location of the boundary – appeal to Upper Tribunal – jurisdiction of First-tier Tribunal to make findings on the location of the boundary in such a case – whether First-tier Tribunal’s findings as to location of boundary correct – appeal as to costs order made by First-tier Tribunal
The fTT may direct the registrar to reject the application in whole or in part if it finds that the boundary sought is not the correct boundary, or to give effect to the application (in whole or in part) without regard to the objection; the FTT’s direction may include: ‘a condition that a specified entry be made on the register of any title affected’

[2018] UKUT 206 (TCC), [2018] WLR(D) 425, [2018] 2 P and CR 13, [2018] 4 WLR 113
Bailii, WLRD
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 40(3)(a)
England and Wales
Cited by:
CitedWitt v Woodhead UTLC 18-Nov-2020
No determined Boundary – Court Findings Enough
Land Registration – Boundary Disputes – Construction of Conveyance – Straight Line Boundary – usefulness of computer-generated lines – party wall – fence posts
Held: ‘It should be borne in mind that a carefully-drawn conveyance plan showing a . .

Lists of cited by and citing cases may be incomplete.

Registered Land

Updated: 02 November 2021; Ref: scu.628071