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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> The Incumbent for the time being of the Benefice of Freiston v David Frederick Brown (Adverse possession : Limitation periods) [2018] UKFTT 322 (PC) (03 April 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/2017_0216.html
Cite as: [2018] UKFTT 322 (PC)
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The Incumbent for the time being of the Benefice of Freiston v David Frederick Brown (Adverse possession : Limitation periods) /Judgments/j1025/REF-2017-0216.pdf (03 April 2018)
Applicant applied for first registration of the -˜Chancel Garden.-™; Respondent objected on the grounds that he had acquired the land by adverse possession. The issues were (1) whether the application had been properly made since neither at the time of the application nor at the hearing had an incumbent been appointed (the answer to that is yes: the incumbent is a corporation sole); (2) whether the relevant limitation period is 12 years or 30 years (30 years because, having regard to the various Church Building Acts and the New Parish Measure 1943, the land vested in the Incumbent and not in the Church Commissioners). Respondent had been in adverse possession for 20 years, so his objection failed.
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