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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Joy Elsie Wilks v Teresa Joy Brady (Adverse possession : Adverse possession) [2019] UKFTT 631 (PC) (02 September 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/631.html Cite as: [2019] UKFTT 631 (PC) |
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| Case reference | REF/2019/0025 |
|---|---|
| Date of decision | 02/09/2019 |
| Adjudicator | Mr Roger Cohen |
| Applicant | Joy Elsie Wilks |
| Respondent | Teresa Joy Brady |
| Main Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Applications under Schedule 6 to the Land Registration Act 2002 |
| Secondary Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Intention to possess |
| Decision notes | [2019] UKFTT 631 (PC). Respondent was registered proprietor of a parcel of land at the end of a residential estate road. The parcel was about three car widths by one cars length in size. Applicant was the owner of one of the adjoining houses and had tidied the land and laid it with turf since about 1976. The boundary between the land in question and Applicant’s house had not been determined. Applicant applied to be registered as the proprietor of the parcel under paragraph 1 of Schedule 6 to the Act and relied on the condition that she had a reasonable belief that she was the owner of it. HELD: on the facts, Applicant’s entry on to the land was with the consent of Respondent’s predecessor in title, her father, who had developed the relevant part of the estate; the turfing and tending of the land did, notwithstanding that the land was fenced only on one side, amount to factual possession; but on the evidence, Applicant did not intend to possess the land; rather she intended to keep it gardened and enjoy a pleasant view from her house; and Applicant did not have any belief, let alone a reasonable belief that she was the owner of the land at any time. Accordingly, the Chief Land Registrar was directed to cancel the application |
| Download decision(s) | [2019] UKFTT 631 (PC) |