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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Helen Westle v Dr Suzanne Matthews (Rectification or Setting Aside of Documents : Rectification or Setting Aside of Documents) [2018] UKFTT 720 (PC) (15 October 2018)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/720.html
Cite as: [2018] UKFTT 720 (PC)
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Decision summary
REC/2017/0007
| Case reference | REC/2017/0007 |
|---|---|
| Date of decision | 15/10/2018 |
| Adjudicator | Mr Colin Green |
| Applicant | Helen Westle |
| Respondent | Dr Suzanne Matthews |
| Main Category & Sub Category | |
| Category | Rectification or Setting Aside of Documents |
| Sub Category | Grounds for rectification |
| Secondary Category & Sub Category | |
| Category | Rectification or Setting Aside of Documents |
| Sub Category | Grounds for rectification |
| Decision notes | [2018] UKFTT 720 (PC). Application under s. 108(2) of the Land Registration Act 2002 seeking rectification of a plan to a transfer of part of an area of land used for parking. On an earlier application under Schedule 4 by Respondent, the Land Registry had altered the filed plan to accord with the transfer plan. Applicant sought rectification of the transfer plan to accord with the previous version of the filed plan. No testimony was provided by either of the parties to the transfer though there was a statutory declaration and letter. HELD that the evidence was insufficient to support either a common mistake or unilateral mistake and that the only reliable inference was that the plan attached to the transfer represented the common intention of the parties to the transfer, albeit not the intention of the persons who had been using the parking spaces. |
| Download decision(s) | [2018] UKFTT 720 (PC) |