First-tier Tribunal (Property Chamber)

Gary Humm v Brightlingsea Town Council (Alteration and rectification of the register : Discretion of the Registrar and of the Tribunal) [2018] UKFTT 325 (PC) (30 April 2018)

[2018] UKFTT 325 (PC). Application to alter the register, by removing a stretch of foreshore and a floating jetty from Respondent's title. Applicant claimed that the registration had been the result of a mistake, in that Respondent's root of title (a Deed of Gift of 1898) did not include this land. Held that the land was not included, and therefore that there was a mistake in the register. Also held that R was not in possession for the purposes of para. 6(2) of Sch.4 LRA 2002, therefore the alteration would have to be made unless there were exceptional circumstances. The fact that R had recently reconstructed the floating jetty at very considerable public expense was held to be an exceptional circumstance, so that although the foreshore area was removed from Respondent's title, no alteration was made as regards the floating jetty.

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