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England and Wales Land Registry Adjudicator
You are here: BAILII >> Databases >> England and Wales Land Registry Adjudicator >> Vernon Smart v Tobias James Sears (Easements and profits a prendre : Construction of express grant) [2017] UKFTT 641 (PC) (17 July 2017)
URL: http://www.bailii.org/ew/cases/EWLandRA/2017/2016_0382.html
Cite as: [2017] UKFTT 641 (PC)
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Vernon Smart v Tobias James Sears (Easements and profits a prendre : Construction of express grant) [2017] UKFTT 641 (PC) (17 July 2017)
Application to strike out Respondent on the grounds that his case had no reasonable prospect of succeeding. A had applied to cancel Respondent's Caution against first registration, which was based on the existence of an alleged right of way enjoyed over Applicant's unregistered land - expressly stated not to be a prescriptive right. Respondent claimed that the right of way was created by an Enclosure Award, and relied on a number of misconceived arguments relating to alleged rights of common. The application to strike out was successful.
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