Case reference | REF/2017/0653 |
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Date of decision | 04/12/2018 |
Adjudicator | Ms Stephanie Tozer |
Applicant | (1) Aviel Palmer (2) Nesshel Jerome Palmer-Ides |
Respondent | Magdy Ghattas |
Main Category & Sub Category | |
Category | Adverse possession |
Sub Category | Land subject to trusts |
Secondary Category & Sub Category | |
Category | Adverse possession |
Sub Category | Land subject to trusts |
Decision notes | [2019] UKFTT 48 (PC). Adverse possession claim which turned on who had in fact been receiving the rent from the tenant and claiming to be entitled to the reversion. Mother claimed to have been acting on behalf of her 2 children (the Applicants) in doing so, The Respondent (who was Mother’s ex-husband) claimed Mother was in possession in her own right, so that the Applicants’ claim should fail, and that, as a result of an order in the divorce proceedings in the Netherlands, he was entitled to a 50% beneficial interest in the Property. HELD that Mother had been acting as the Applicants’ agent at all times, and that more recently the Applicants had been in possession themselves. |
Download decision(s) | [2019] UKFTT 48 (PC) |