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).
Citations:
[2017] UKFTT 712 (PC)
Links:
Jurisdiction:
England and Wales
Registered Land
Updated: 02 April 2022; Ref: scu.601389
