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First-tier Tribunal (Property Chamber)
You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Terence Bates v Dalton Piercy Parish Council (Alteration and rectification of the register : Alteration and rectification of the register) [2019] UKFTT 110 (PC) (17 January 2019)
URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/110.html
Cite as: [2019] UKFTT 110 (PC)
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Decision summary
REF/2017/1149
| Case reference | REF/2017/1149 |
|---|---|
| Date of decision | 17/01/2019 |
| Adjudicator | Mr Max Thorowgood |
| Applicant | Terence Bates |
| Respondent | Dalton Piercy Parish Council |
| Main Category & Sub Category | |
| Category | Alteration and rectification of the register |
| Sub Category | Mistake |
| Secondary Category & Sub Category | |
| Category | Alteration and rectification of the register |
| Sub Category | Mistake |
| Decision notes | [2019] UKFTT 110 (PC). Applicant sought alteration of the Parish Council’s title to a Village Green to exclude various tracks over it, which gave access to properties abutting the Green, from the title. He claimed that whilst the tracks had formed part of the land subject to the initial provisional registration pursuant to the Common Registration Act 1965, an objection by the Highways Authority to exclude them had subsequently been upheld. The position had become confused by failures on the part of the Registration Authority to retain some relevant documentation and its consequent inability to give clear and consistent answers to the Applicant’s requests that it should explain the position. However, upon careful consideration of the register and what was the register map, it was clear that upon the true construction of the register and map the tracks had not been excluded from the registration and it was the Green as registered which had subsequently been vested in the Parish Council upon the determination of an enquiry by the Commons Commissioner. Accordingly, there was no mistake on the register. |
| Download decision(s) | [2019] UKFTT 110 (PC) |