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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> (1) Charles Peter Brendon McGhee (2) Christina June McGhee v Mark Taylor (Adverse possession : Adverse possession) [2019] UKFTT 51 (PC) (17 December 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/51.html
Cite as: [2019] UKFTT 51 (PC)
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Decision summary
REF/2017/0963
| Case reference | REF/2017/0963 |
|---|---|
| Date of decision | 17/12/2018 |
| Adjudicator | Acting Principal Judge Michael Michell |
| Applicant | (1) Charles Peter Brendon McGhee (2) Christina June McGhee |
| Respondent | Mark Taylor |
| Main Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Consent |
| Secondary Category & Sub Category | |
| Category | Adverse possession |
| Sub Category | Applications under Schedule 6 to the Land Registration Act 2002 |
| Decision notes | [2019] UKFTT 51 (PC). A claim under Schedule 6 to an area of grassland that had been used by Applicants to some degree as an extension of their garden but which was open to other grassland beyond, which Applicants did not claim. Applicants claimed to have purchased the land for £4,000 from Respondent’s predecessor in title. There was no contract to satisfy Law of Property (Miscellaneous Provisions) Act 1989 s. 2. Applicants could not establish 10 years possession because they had used the land with the consent of Respondent’s predecessor in title. Had Applicants been in possession, the application would not have succeeded because neither the first nor the third condition of paragraph 5 were met. It was not unconscionable for Respondent to seek to dispossess Applicants (Respondent had not been party to any informal agreement with Applicants to sell the land) and Applicants did not believe that the land belonged to them because they knew it was within the registered title of Respondent |
| Download decision(s) | [2019] UKFTT 51 (PC) |